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Full text of "North Carolina Register v.3 no. 17 (12/1/1988)"

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DEC ,^- -iCAr. 



The 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



EXECUTIVE ORDER 



FINAL DECISION LETTERS 



PROPOSED RULES 




Dental Examiners 



NRCD 



FINAL RULES 
Revenue 



ISSUE DATE: DECEMBER 1, 1988 



Volume 3 • Issue 17* Pages 800-833 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislati\e and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrati\'e rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
\ided free of charge to each county in the state and to 
various state officials and institutions. The North 
CaroHna Register is available by yearly subscription at 
a cost of ninety-five dollars ($95.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Siibscriptio}is. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute pro\ides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the Nortli Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrati\'e Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effecti\e 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effecti\e when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agency adopting a temporary rul 
must begin normal rule-making procedures on the per' 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size 
single spaced pages of material of which approximate 
ly 35% is changed annuallv. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b) 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur 
ther broken down by chapters. Title 21 is designatec 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimurr 
cost of two dollars and 50 cents ($2.50) for 1( 
pages or less, plus fifteen cents ($0.15) per eacl 
additional page. 

(2) The full publication consists of 52 volumes 
totaling in excess of 15,000 pages. It is sup 
plemented monthly with replacement pages. I 
one year subscription to the full publication in 
eluding supplements can be purchased fo 
seven hundred and fifty dollars ($750.00). In 
dividual volumes may also be purchased wit 
supplement service. Renewal subscriptions fo 
supplements to the initial publication available 

Requests for pages of rules or volumes of the NCA( 
should be directed to the Office of Administrativ 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pn 
cedures to be followed. For specific statutory languag( 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 



CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issu 
page number and date. 1:1 NCR 101-201, April 1, 19J 

refers to Volume 1, Issue 1, pages 101 through 201 ( 
the North Caroli>ia Register issued on April 1, 1986 






North Carolina Register. Published bi-monthly by 
the Office of Administrati\e Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Statutes. 
Subscriptions ninety-fi\e dollars ($95.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

P. O. Drawer 1 1666 

Raleigh, AC 27604 

(9l'9) 733 - 2678 



Robert A. Melon, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



I. EXECUTIVE ORDER 

Executive Order 78 800 

II. FINAL DECISION LETTERS 

Votiag Rights Act 801 

III. NOTICE OF PETmON 

Municipal Incorporation 804 

IV. PROPOSED RULES 
Licensing Board 

N. C. State Board of 

Dental Examiners 820 

NRCD 
Wildlife Resources 

Commission 805 

V. FINAL RULES 
Revenue 

Individual Income Tax 

Division 825 

Sales and Use Tax 826 

VI. CUIVIULATIVE INDEX 830 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(September 1988 - March 1989) 



Issue 
Date 



+*♦+++++ 

09 01,88 
09,15/88 
10/03/88 
10/14/88 
11/01/88 
11/15 88 
12 01/88 
12/15/88 
01/02/89 

01 16/89 

02 01 '89 
02 15/89 
03,01/89 
03,15/89 



Last Day 

for 

Filing 



08 1188 
08, 26 88 

09 12 88 

09 26/88 

10 11/88 
10, 26 '88 

11 07,88 
11/23/88 
12,/08/88 
12/27/88 
Olio 89 
01/26 89 
02,08 89 
02/21,89 



Last Day 
for 

Electronic 
Filing 



+♦♦+*♦+♦ 

08/18 88 
09/02,88 
09/19 88 
10/03/88 
10/1888 
ll/02'88 
iri5'8S 
12/02 88 
12/15/88 
01/03/89 
01/17/89 
02/02/89 
02/15/89 
03/02/89 



Earliest 
Date for 
Public 
Hearing & 
Adoption by 
Agency 

++♦♦+♦++ 

10,01 88 
10/15/88 
11,02/88 
11/13/88 
1201/88 
12 15'88 
12 31/88 
01/14/89 
02/01/89 
02/15/89 
03,03/89 
03/17/89 
03 '3 1/89 
04/14/89 



Earliest 

Effective 

Date 



♦+♦++*♦* 

01/01/89 
01/01/89 
02/01/89 
02/01/89 
03/01/89 
03/01/89 
04/01/89 
04/01/89 
05/01/89 
05/01/89 
06/01/89 
06/01/89 
07/01/89 
07/01/89 



* The "Earliest Effecth'e Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files tfie rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDER 



EXECUTIVE ORDER NUMBER 78 

GOVERNOR'S TASK FORCE ON INJURY 
PREVENTION 

Sudden and unexpected injuries represent one 
of the most serious health problems facing the 
citizens of this State. The loss of life, economic 
loss, and the personal tragedy caused by such in- 
juries on and off the job demand that a concerted 
effort be made to better understand this problem 
and seek solutions to it. 

In order to better prevent accidental injuries and 
to ensure that the best rehabilitative methods and 
resources are available to those who are injured, 
a systematic approach to injury prevention and 
rehabilitation by all segments of our society is 
needed. 

THEREFORE, by the authority vested in me 
as Governor by the Constitution and laws of 
North Carolma, IT IS ORDERED: 

Section 1 ESTABLISHMENT 

The Governor's Task Eorce on Injury Pre- 
vention, hereinafter "Tlie Task Eorce", is hereby 
established. The Task Eorce shall consist of not 
more than 25 persons appointed by the Governor 
to serve at the pleasure of the Go\emor. All 
vacancies shall be filled by the Governor. The 
Governor shall designate one member of the 
Task Eorce to serve as chairman. 

Section 2 MEMBERSHIP 

The membership of the Task Eorce shall in- 
clude, but not be limited to, representatives of the 
following agencies and groups: 



1. 

2. 

3. 
4. 
5. 
6. 

7. 



Doctors and other Health Care Providers; 

Pharmacists; 

Health Directors; 

Trauma Professionals; 

Experts in the Field of Occupational Safety; 

Representatives of Business and Industry; 

North Carolina Department of Human 
Resources; 

8. North Carolina Department of Transporta- 
tion; 

9. North Carolina Department of Insurance; 

10. North Carolina Department of Crime 
Control and Public Safety; 

11. North Carolina Department of Commerce; 

12. The North Carolina General Assembly; and 

13. Other Persons Interested in the Prevention 
of Injuries. 



Section 3 FUNCIIONS 

A. The Task Force shall meet regularly at the 
call of the Chairman. 

B. The Task Force shall have the responsibility 
of developing and delivering to the Governor a 
long-range plan designed to decrease the number 
of injuries in North ("arolina and to improve the 
prognosis of citizens affected by injuries. This 
plan shall include recommendations that will ad- 
dress: 

1. Measures to increase public awareness of 
the problem of injury; 

2. Development and coordination of research 
in bio-mechanics as well as injury causation, 
incidence, distribution; 

3. Coordination of resources that possess 
professional expertise in injury prevention 
and control; 

4. Integration of national, state, and local 
program activities; 

5. Legislative lecommendations necessary to 
implement a comprehensive injury pre- 
vention and control program; 

6. Budgetary requirements necessary to pro- 
vide a comprehensive injury control pro- 
gram in North Carolina. 

Section 4 ADMINISTRATION 

A. Administration support and staff for the 
Task Force shall be provided by the Department 
of Human Resources, Division of Health Ser- 
vices. 

B. Members of the Task Eorce shall be reim- 
bursed for necessary travel and subsistence ex- 
penses as authorized under G.S. 138-5 and 138-6. 
Funds for the reimbursement of such expenses 
shall be made available from funds authorized by 
the Department of Human Resources, Division 
of Health Services. 

C. It shall be the responsibility of each cabinet 
department to make every reasonable effort to 
cooperate with the Task Eorce in carrying out 
the provisions of this order. 

Section 5 IMPLEMENTATION AND 
DURATION 

This Executive Order shall become effective 
immediately and will expire in accordance with 
North Carolina law two years from the date on 
which it is signed. It is subject to reissuance or 
extension at the discretion of the Governor. 

Done- in Raleigh, North Carolina, this 1st day 
of November, 1988. 



NORTH CAROLINA REGISTER 



800 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. I20-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the 
Attorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of J 965 be published in the North Carolina 
Register. J 



\VBR:DBM:TGL:dvs 
DJ 166-012-3 
\V7509 



U.S. Department of Justice 
Civil Rights Division 



Voting Section 
P.O. Box 66128 
Washington, D.C. 20035-6128 



November 4, 1988 



Robert C. Cogswell Jr., l^sq. 

City Attorney 

P. O. Box 1513 

Fayetteville, North Carolina 28302 

Dear Mr. Cogswell: 

This refers to the November 8, 1988, bond election for the City of Fayetteville in Cumberland 
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights 
Act of 1965, as amended, 42 L'.S.C. 1973c. We recei\ed your submission on September 8, 1988. 

The Attorney General does not interpose any objection to the change in question. However, we 
feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 



Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 



Gerald W. Jones 
Chief, Voting Section 



SOI 



NORTH CAROLINA REGISTER 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

WBR:LLT:TGL:gmh 

DJ 166-012-3 Voting Section 

W7451-7463 P.O. Box 66128 

Washington, D.C. 20035-6128 

November 4, 1988 

Robert C. Cogswell, Esq. 

City Attorney 

P. b. Box 1313 

Fayetteville, North Carolina 28302-1513 

Dear Mr. CogsweU: 

This refers to the twelve annexations (Ordinance Nos. 88-2-203; 88-5-304; 88-5-305; 88-5-306; 
88-5-307; 88-5-308; 88-5-309; 88-5-310; 88-5-311; 88-5-312; 88-6-313; 88-7-314) and the designation of 
the annexed areas to single-member districts for the City of Fayetteville in Cumberland County, North 
Carolina, submitted to the .Xttomey General pursuant to Section 5 of the \'oting Rights Act of 1965, 
as amended, 42 U.S.C. l'?73c. We received your initial submission on September 8, 1988; supplemental 
information was received on September 13, 1988. 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 
51.41). 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 



By; 



Gerald W. Jones 
Chief, Voting Section 



NOR TH CA ROLINA REGIS TER 802 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

WBR:SSC:ST:gmh 

DJ 166-012-3 Voting Section 

W7661-7663 P.O. Box 66128 

Washington, D.C. 20035-6128 

November 9, 1988 

Michael Crowell, Esq. 
Tharrinirton, Smith & Ihiraxove 
P.O. Box 1151 
Raleigh, North Carolina 27602 

Dear Mr. Crowell: 

This refers to Chapter 972, H.B. No. 2343 (1987), which provides for an increase in the number 
of county commissioners from five to seven, an election method change from at large to direct election 
of three members from single-member districts and two elected at large from two dual-member districts, 
and a districting plan for Craven County, North Carolina, submitted to the Attoniey General pursuant 
to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your sub- 
mission on September 14, 1988. 

The Attorney General docs not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 
51.41). 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 



Gerald W. Jones 
Chief, Voting Section 



SOS NOR TH CAROLINA REGIS TER 



NOTICE OF PETITION FOR MUNICIPAL INCORPORA TION 



[G.S. l50B-63(dl ) requires publication of Notice that a Petition for Incorporation has been filed 
with the Joint Legislative Commission on Municipal Incorporations]. 



In accordance with G.S. 120-165, the Joint Legislative Commission on Municipal Incorporations 
gives notice that it has received a petition for the incorporation of the Town of Fletcher in Henderson 
County. A copy of G.S. 120-165 is reprinted below. 

§120-165. Initial inquiry. 

(a) The Commission shall, upon receipt of the petition, determine if the requirements of G.S. 
120-163 and G.S. 120-164 have been met. If it determines that those requirements have not been met, 
it shall return the petition to the petitioners. The Commission shall also publish in the North Carolina 
Register notice that it has received the petition. 

(b) If it determines that those requirements have been met, it shall conduct further inquiry as 
provided by this Part. 

Sincerely, 



Gerry F. Cohen 
Counsel 



NOR TH CAROLINA REGIS TER S04 



PROPOSED RULES 



TITLE 15 DEPARTMENT OF NATURAL 

RESOURCES AND COMMLTsITY 

DEVELOPMENT 



A^. 



otice is hereby given in accordance with G.S. 
J SOB- 12 that the Wildlife Resources Commission 
intends to amend rules cited as 15 NCAC I OB 
.0/05, .0113. .0202, .0203, .0209, .02/0; /DC 
.0205, .0206, .02/3, .0305, .040/, .0402, .0407; 
/OD .0002. .0003. 

I he proposed effective date of this action is July 
/. /9S9. 

1 he public hearing will be conducted at 7:00 
p.m. at t/ie following Districts, dates and lo- 
cations: 

District / 
February 7, /9S9 

Edenton. \'C 
Old Cow ihouse 

District 2 

February 6, /9S9 

Sew Bern, NC 

County Courthouse 

District 3 
February 8, /9S9 

Nashville, AC 

County Courthouse 

District 4 

/9S9 
NC 



February 9, 
Elizabcthtown, 
County Court/wuse 

District 5 

February /O. /9S9 

Gra/iam, NC 

Superior Court Room 

County Court/wuse 

District 6 

February /3, /989 

Albemarle, NC 

North Stanley High School 

District 1_ 

February /6. /989 

Elkin, NC 

Elkin High School .4 uditorium 

/district 8 

February 14. 1989 

Morganton, NC 

City of Morganton 

Civic Center A uditorium 

District 9 

Febniarv 15, 1989 

Murphy, NC 
County Courthouse 



K^ omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing or by mailing to N.C. Wildlife Resources 
Commission, 512 N. Salisbury St., Raleigh, NC 
27611. The record of hearing is open from fifteen 
days preceding the date of hearing to fifteen days 
after the date of hearing. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER lOB - HUNTING AND 
TRAPPING 

SECTION .0100 - GENERAL REGULATIONS 

.0105 MIGRATORY GAME BIRDS 

(a) Cooperative State Rules: 

(1) The taking of sea ducks (scoter, eider and 
old squaw) during any special federally- 
announced season for these species shall 
be limited to the waters of the Atlantic 
Ocean, and to those coastal waters south 
of US 64 which are separated by a dis- 
tance of at least 800 yards of open water 
from any shore, island or marsh. 

(2) The extra daily bag and possession Umits 
allowed by the federal regulations on 
scaup apply in all coastal waters east of 
U.S. Hiahwav 17, except Currituck Sound 
north of US 'l 58. 

(3) Tundra swans may be taken during the 
open season by permit only subject to 
limitations imposed by the U. S. Fish and 
Wildlife Ser\ice. A limited number of 
nontransferable swan permits will be is- 
sued by the Wildlife Resources Commis- 
sion without charge to as many applicants 
who will be selected at random by com- 
puter, and only one swan may be taken 
under each permit which must be can- 
celled at the time of the kill by cutting out 
the month and day of the kiU. Accom- 
panying the permit is a metal tag which 
must be alTixed at the base of the right 
wing of the swan at the time and place of 
the kill. In addition, a preaddressed 
post-paid card is suppUed to each 
permittee on which to report the number 
of days hunted and the details of the kill 
if made. It is unlawful to hunt swans 
without ha\ing the permit and the tag in 
possession or to possess a swan without 
the cancelled permit in possession and the 
tag properly affixed to the swan. 

(b) Notwithstanding the provisions of G.S. 
113-29 1.1(a) and (b), the following restrictions 
apply to the taking of migratory game birds: 



805 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(1) No migratory game bird may be taken: 

(A) With a rifle; 

(B) With a shotgun of any description ca- 
pable of holding more than three shells, 
unless it is plugged with a one-piece filler, 
incapable of removal without disassembl- 
ing the gun, so as to limit its total capacity 
to not more than three shells. 

(2) No migratory game bird may be taken: 

(A) From or by the use of a sinkbox or any 
other type of low floating device affording 
the hunter a means of concealment be- 
neath the surface of the water; 

(B) With the aid of bait, or on, over or 
within 300 yards of any place where any 
grain, salt or other feed is exposed so as 
to constitute an attraction to migratory 
game birds or has been so exposed during 
any of the 10 consecutive days preceding 
the taking, except that this Part shall not 
apply to standing crops, flooded 
croplands, grain crops properly shocked 
on the field where grown, or grains found 
scattered solely as the result of normal 
agricultural planting or harvesting; 

(C) With the aid of live decoys, or on, over 
or within 300 yards of any place where 
tame or captive migratory game birds are 
present, unless such birds are and have 
been for a period of 10 consecutive days 
prior to such taking confined within an 
enclosure which substantially reduces the 
audibility of their calls and totally con- 
ceals them from the sight of wild migra- 
tory game birds. 

(3) Waterfowl hunting and harassment and 
other unauthorized activities shall be pro- 
hibited on posted waterfowl management 
areas established by the Wildlife Re- 
sources Commission for Canada Geese 
and ducks restoration. 

Authority G.S. 113-134: 113-274; 113-291. 1; 50 
C.F.R. 20.21; 50 C.F.R. 20.105. 

.0113 BIG GA\1E KILL REPORTS 

The carcass of each bear, wild turkey, deer and 
wild boar shall be tagged at the site of the kill 
with the appropriate big game tag which has been 
validated by cutting out the month and day of 
the kill. Prior to skinning or dressing for con- 
sumption the Said carcass shall be taken directly 
to a wUdUfe cooperator agent located within the 
immediate area of open season who wiU supply 
a big game kill report card in duplicate. The re- 
port card must be completed to show the infor- 
mation called for thereon. The tag shall be 
affixed to the carcass at a location and in such 



manner as to be visible upon inspection from the 
outside, and it is unlawful to affix the tag at any 
location or in any maimer so as to conceal it 
from visibility upon ordinary inspection. It is 
unlawful to remove the tag from the carcass prior 
to completion of the report card or at any time 
thereafter until the carcass is fmally skinned or 
dressed for consumption. The duplicate copy of 
the big game kill report card must be retained by 
the hunter and shall thereafter constitute his per- 
mit to continue in possession of the carcass. 
Otherwise, the continued pHDSsession of the bear, 
wild turkey, deer or wild boar shall be unlawful. 

Persons who are by law exempt from the big 
game hunting license are not required to tag the 
carcass but shall report each kill as above re- 
quired, and, in lieu of the tag, the word 
"exempt" together with the reason therefor (par- 
ent's license, landowner, agricultural lessee) shall 
be written on the original of the big game kill 
report card. 

Any big game tag which has been detached from 
the tag card issued with the big game license prior 
to the killing and tagging of the big game animal 
shall be seized by a wildlife enforcement officer. 

Statutory Authority G.S. 113-134; 113-270.3; 
1 13-276.1. 

SECTION .0200 - HUNTING 

.0202 BEAR 

(a) Open Seasons: 

(1) Monday on or nearest October 15 to the 
Saturday before Thanksgiving and the 
third Monday after Thanksgiving to Jan- 
uary 1 in and west of the boundary 
formed by NC 16 from the Virginia State 
line to Wilkesboro and NC 18 from 
Wilkesboro to the South Carolina State 
line. 

(2) Second Monday in November to the fol- 
lowing Saturday in Beaufort, Camden, 
Craven, Jones, Pamlico, Pasquotank, and 
Washington Counties; and in that part of 
Bertie County southeast of US 17. 

(3) Second Monday in November to the fol- 
lowing Wednesday in Gates, Hyde and 
Tyrrel Counties. 

(4) Second Monday in November to January 
1 in Bladen, Carteret, Duplin, New 
Hanover, Onslow and Pender Counties; 
in that part of Cumberland County south 
of NC 24 and east of the Cape Fear River; 
and in that part of Sampson county south 
of NC 24. 

(5) Second Monday in December to January 
1 in Brunswick and Columbus Counties. 



NORTH CAROLINA REGISTER 



806 



PROPOSED RULES 



(b) No Open Season. There is no open season 
in any area not included in Paragraph (a) of this 
Rule or in those parts of counties included in the 
following posted bear sanctuaries: 

Averv', Burke and Caldwell Counties- 
Daniel Boone bear sanctuary' 

Beaufort, Bertie and Washington Counties- 
- Bachelor Bay bear sanctuary 

Beaufort and Craven Counties— Big Pocosin 
bear sanctuary 

Beaufort and Pamlico Counties— Gum 
Swamp bear sanctuary 

Bladen County— Suggs Mill Pond bear 
sanctuary 

Brunswick County-Green Swamp bear 
sanctuary 

Buncombe, Ha>'wood, Henderson and 
Transylvania Counties— Pisgah bear sanc- 
tuary 

Carteret, Craven and Jones Counties— 
Croatan bear sanctuary 

Clay County— Fires Creek bear sanctuary 

Currituck County— North River bear sanc- 
tuary 

Dare County— Bombing Range bear sanctu- 
ary' 

Haywood County--Harmon Den bear sanc- 
tuary 

Ha\'\vood County--Sher\vood bear sanctu- 
ary 

Hyde County--GuU Rock bear sanctuary 

Hyde County-- Pungo River bear sanctuary 

Jones and Onslow Counties--Hofmann bear 
sanctuary 

Macon County--StandLng Indian bear sanc- 
tuary 

Macon County--Wayah bear sanctuary 

Madison County- Rich Mountain bear 

sanctuary- 
McDowell and Yancey Counties--Mt. 
Mitchell bear sanctuar)' 

Mitchell and \'ancey Counties-- Flat Top 
bear sanctuary 

Pai i quotank aft4 Porquimanr . Counties 
Didmal S' l Samp b<*af i: i anotuar> ' 

Tyrrell m^ Wv4e Countios — Hollow Ground 
S' . vump bL ' ur '. unctuaP i' 

Washington County--Bull Bay bear sanctu- 
ary 

Wilkes County--Thurmond Chatham bear 
sanctuary 

(c) Bag limits; daily, one; possession, one; 
season, one. 

(d) Kill Reports. The carcass of each bear shall 
be tagged and the kill reported as provided by 1 5 
NCAC 1 OB .0113. 



Statutory A uthority 
1 13-291.7; 1/3-305. 



G.S. 113-134: 113-291.2; 



.0203 DEER (WHITE-TAILED) 

(a) Closed Season. All counties and parts of 
counties not Listed under the open seasons below 
in this Rule are closed to deer hunting. 

(b) Open Seasons (All Lawful Weapons): 

(1) Male Deer With Visible Antlers. Male 
deer with antlers or spikes protruding 
through the skin, as distinguished from 
knobs or buttons covered by skin or vel- 
vet, may be taken during the foOowing 
seasons: 
(A) Monday on or nearest October 15 to 
January 1 in the following counties and 
parts of counties: 



Beaufort 


Lenoir 


Bertie 


Martin 


Bladen 


Nash 


Brunswick 


New Hanover 


Camden 


Northampton 


Carteret 


Onslow 


Chowan 


Pamlico 


Columbus* 


Pasquotank 


Craven 


Pender 


Currituck 


Perquimans 


Dare 


Pitt 


Duplin 


Richmond** 


Fdgecombe 


Robeson 


Franklin 


Scotland** 


Gates 


Tyrrell 


Greene 


Vance 


HaUfax 


Warren 


Hertford 


Washington 


Hoke 


Wayne 


Hyde 


Wilson 


Jones 





* Unlawful to hunt or kill deer in Lake 
Waccamaw or within 50 yards of its 
shoreline. 

**See 15 NCAC lOD .0003(d)(2) for sea- 
sons on Sandhills Game Land. 

Cumberland: AH of the county except 
that part north of NC 24 east of 
Fayetteville and east of NC 210 north 
of Fayetteville. 

Harnett: That part west of NC 87. 

Johnston: /Vll of the county except that 
part south of US 70 and west of L95. 

Moore: That part south of NC 211 and 
east of US 1, except on the Sandhills 
Game Land [see 15 NCAC lOD 
.0003(d)(2)]. 



807 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Sampson: All of the county except that 

part west of NC 242 and north of US 

13. 
Wake: That part north of NC 54 west of 

Raleigh and US 70 east of Raleigh. 
(B) Monday of Thanksgiving week to sec- 
ond Saturday after Thanksgiving Day in 
the following counties and parts of coun- 
ties: 

Alexander Iredell 

Alleghany Lincoln 

Ashe Stokes 

Catawba Surry 

Davie Watauga 

Fors>'th Wilkes 

Gaston Yadkin 



Mecklenburg: That part west of 1-77, 
south of NC 73, east of the Catawba 
River, and north of NC 16 and SR 
2004, except Cowan's Ford Waterfowl 
Refuge. 

Monday of Thanksgiving week to third 
Saturday after Thanksgiving Day in the 
following counties and parts of counties: 



(C) 



A\-er\' 


Jackson 


Buncombe 


Macon 


Burke 


Madison 


Caldwell 


McDoweU 


Cherokee 


MitcheU 


Clay 


Polk 


Cleveland 


Rutherford 


Graham 


Swain 


Haywood 


Transylvania 


Henderson 


Yancey 



(D) Monday before Thanksgiving week to 
January 1 in the following counties and 
parts of counties: 



Alamance 


Montgomery 


Anson 


Orange 


Caswell 


Person 


Chatham 


Randolph 


Da\idson 


Rockingham 


Durham 


Rowan 


Granville 


Stanly 


Guilford 


Union 


Lee 





Cabarrus: That part east of 1-85. 

Cumberland: That part north of NC 24 
eaet ©f Fayottovillo and east of NC 210. 
north »f Fayottoi i illo, Vmt- e xcluding the 
afea located north a«4 i^ast- ef » bound 
afy fonnod b¥ 4^ 4JW 4-^ iU, ^vR- mo^ 
SRr 4;zea afi4 Oie Gdf« Peaf fewi^ 



Harnett: That part east of NC 87 and 

west of US 401 north of Lillington and 

the Cape Fear River south of 

Lillington. 
Johnston: That part south of US 70 and 

west of L95. 
Moore: That part north of NC 21 1 and 

west of US 1 . 
Sampson: The part west of NC 242 and 

north of US 13. 
Wake: That part south of NC 54 west of 

Raleigh and US 70 east of Raleigh. 
(2) Deer of Either Sex. Deer of either sex 
may be taken during the open seasons and 
in the counties and portions of counties 
listed below: 

(A) The open either-sex deer hunting dates 
established by the U.S. Fish and Wildlife 
Service during the period from the first 
Saturday in October to January 1 in those 
parts of Hyde and Washington Counties 
known as the Pungo National Wildlife 
Refuge. 

(B) The open either-sex deer hunting dates 
established by the appropriate military 
commands during the period from Mon- 
day on or nearest October 15 to January 
1 in that part of Brunswick County 
known as the Sunny Point Military Ocean 
Terminal, in that part of Craven County 
known and marked as Cherry Point Ma- 
rine Base, in that part of Onslow County 
known and marked as the Camp Lejeune 
Marine Base, on Fort Bragg Miilitary 
Reservation, and on Camp Mackall Mili- 
tary Reservation. 

(C) The open either-sex deer hunting dales 
established by the U.S. Fish and Wildlife 
Service during the period from the Mon- 
day on or nearest October 15 to January 
1 in those parts of Camden, Gates and 
Pasquotank Counties known as the Dis- 
mal Swamp National Wildlife Refuge, tn 
those parts of Anson and Richmond 
Counties known as the Pee Dee National 
Wildlife Refuge, and in that part of 
Currituck County known as the Mackay 
Island National Wildlife Refuge. 

(D) Third Saturday in October for youth 
either sex deer hunting bv permit only on 
a designated portion of Belews Creek 
Steam Station in Stokes County. 

(E) The second Saturday in December in 
all of Buncombe, Ilavu'ood, Henderson, 



Madison, Polk, and Transylvania Coun- 
ties. 
(ft) (F) Wednesday of the week following 
Thanksgiving in all of Catawba, 



NORTH CAROLINA REGISTER 



808 



PROPOSED RULES 



Cleveland, Forsvth, Greene, aft4 
Rutherford, and Wilson Counties; and in 
aii e<- AUtighany, Aoh e , Burko, Caldvi i 'ol], 
aft4 MoDowoU Counti e s e xcept »» gam e 
lands, the following parts of Counties: 

Alleghany: All of the county except oame 

lands. 
Ashe: All of the county except game 

lands. 
Burke: All of the county except game 

lands. 
Cabarrus: That part east of US 601 and 

west of US 52. 
Caldwell: All of the county except game 

lands. 
Cumberland: That part south of SR 

171)9, west of 301 and east of the Cape 

Fear Ri\cr. 
Dayidson: fhat part north of 1-85, except 

game lands. 
Johnston: That p^ul north of US 70 and 

west of 1-95. 
McDowell: All of the county except 

2ame lands. 



Mecklenburg: That part west of 1-77, 
south of NC 73. east of the Catawba 
Riyer. and north of NC 16 and SR 2004 
except for the Cowan's Ford Watertbwl 
Refuge. 

Moore: That part north of NC 211, ex- 
cept game lands. 

Nash: That part south of l.'S 64. 

Rowan: That part north of 1-85 and \yest 
of IS 52, except game lands. 

Wake: That part south of NC 54 west of 
Raleigh and south of US 70 east of 
Raleidi. 



Wayne: That part north of l.'S 70. 
f&) (G) Wednesday and Thursday of the 
week following Thanksgiving in all of 
Camden, Dare, Iredell and Surr>' Counties 
and in the following parts of counties: 

Alexander: All of the county except game 
lands. 

Davie: /Ml of the county except game 
lands. 

Pamlico: AH of the county except game 
lands. 

Pasquotank: r\ll of the county except 
Dismal Swamp National Wildlife Ref- 
uge. 

Robeson: That part east of a boundary 
formed by SR 1004, NC 41, NC 211, 
SR 1620, SR 2225, NC 130 and NC 41. 

Scotland: That p;irt north of US 74^ s\^ 
cept came lands. 



Stokes: All of the county except game 

lands. 
Tyrrell: That part south of US 64. 
Wilkes: All of the county except game 

lands. 
fp} (H) Wednesday to Saturday of the week 
following Thanksgiving in all of 
.'Mamance, Caswell, Chatham, Durham, 
Franklin, Granville, Fee, Orange, Person, 
Rockingham and Vance Counties and in 
the following parts of counties: 

Columbus: That part west of a line 

formed b^ US 74, SR 1005, and SR 

1125. 
Cumberland: That part east of 1-95 and 

south of NC 24. 
Currituck: All of the county except the 

Outer Banks and the Mackay Island 

National Wildlife Refuge. 
Edgecombe: That part south of US 64. 
Guilford: Tfiat part north of a boundary 

formed by 1-40 and 1-85. 
Uenoir: That part west of NC 11. 
Moore: That part south of NC 211, ex- 
cept game lands. 
Nash: that part north of US 64. 
Perquimans: Tliat part south of L'S 17 

and east of Perquimans River. 
Randolph: That part south of US 64 and 

west of US 220, except on game lands. 
Richmond: That part east of Fittle River, 

except game lands. 
Robeson: That part east of a line formed 

by SR 1005, US 301, and 1-95. 
Stanly: All of the county except game 

lands. 
Wake: That part north of NC 54 west of 

Raleigh and north of US 70 east of 

Raleigh. 
Washington: That part west of NC 32 

and south of US 64. 
Wayne: That part south of US 70. 
f€f^ [1} Wednesday of the week foOowing 
Thanksgiving to Saturday of next suc- 
ceeding week in all of Duplin, Martin, Pitt 
and Warren Counties and in the following 
parts of counties: 

Anson: All of the county except game 

lands and the Pee Dee National Wildlife 

Refuge. 
Beaufort: All of the county except game 

lands. 
Bladen: .All of the county except on game 

lands. 



S09 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Brunswick: That part north and east of 

a line formed by US 17, NC 211, and 

the Lockwood Folly River. 
Cabarrus: That part east of US 52. 
Carteret; All of the county except game 

lands. 
Chowan: That part north of US 17. 
Columbus: That part east of US 701, NC 

130, SR 1157, SR 1141, SR 1139, SR 

1118, SR 1108 and SR 1104. 
Craven: All of the county except game 

lands. 
Davidson: That part south of 1-85, except 

on game lands. 
Edgecombe: That part north of US 64. 
Hyde: All of the county except Pungo 

National WildUfe Refuge. 
Johnston: That part south of US 70 and 

east of 1-95. 
Jones: All of the county except game 

lands. 
Lenoir: That part east of NC 11. 
Montgomery: AH of the county except 

on game lands. 
New Hanover: That part north of US 74. 
Onslow: All of the county except game 

lands. 
Pamlico: All of the county except on 

eame lands. 



Chowan: That part south of US 17. 
Columbus: That part east of a line 



formed b^ US 74, SR 
1125. 



1005, and SR 



Perquimans: All of the county except 

that part south of US 17 and east of 

Perquimans River. 
Richmond: That part west of Little 

River, except Pee Dee National WUdUfe 

Refuge. 
Rowan: That part south of 1-85 and east 

of US 52, except on game lands. 
Sampson: That part south of NC 24. 
Stanly: That part east of NC 52 and 

north of NC 24-27 except game lands. 
Washington: That part west of NC 32 

and South of US 64. 
fH) (J} Monday of Thanksgiving week to 
the third Saturday after Thanksgiving Day 
in that part of Buncombe County east of 
NC 191, south of the French Broad and 
Swannanoa Rivers, west of US 25, and 
north of SR 3503, NC 280 and SR 3501. 
^ (K) Wednesday of the week following 
Thanksgiving to January' 1 in all of Bertie, 
Brunswick, Halifax, Hertford, aft4 
Northampton, and Pitt Counties, and in 
the foUowing parts of counties: 

Beaufort: All of the county except game 

lands. 
Bladen: All of the county except game 

lands. 



Craven: All of the county except game 

lands. 
Edgecombe: That part north of US 64. 
Gates: All of the county except Dismal 

Swamp National Wildlife Refuge. 
Jones: All of the county except game 

lands. 
New Hanover: That part north of US 74. 
Onslow: All of the county except game 

lands. 



Pender: All of the county except game 
lands. 
(3) Game Lands Either-Sex Hunts. On the 
hunt dates Indicated, deer of either sex 
may be taken by permittees engaged in 
managed hunts conducted on game lands 
in accordance with 15 NCAC lOD 
.0003(d)(4). 
(c) Open Seasons (Bow and Arrow): 

(1) Authorization. Subject to the restrictions 
set out in Subparagraph (3) of this Para- 
graph and the bag limits set out in Para- 
graph (e) of this Rule (and except where 
prohibited by local law), deer of either sex 
may be taken with bow and arrow during 
the following seasons: 

(A) Monday on or nearest September 10 to 
the fourth Saturday thereafter in the 
counties and parts of counties having the 
open season for male deer specified by 
Part (A) of Subparagraph (b)(1) of this 
Rule, except on the Sandhills Game Land. 

(B) Monday on or nearest September 10 to 
the second Saturday before Thanksgiving 
in the counties and parts of counties hav- 
ing the open seasons for male deer speci- 
fied by Part (B) of Subparagraph (b)(1) 
of this Rule. 

(C) Monday on or nearest September 10 to 
the fourth Saturday thereafter, and Mon- 
day on or nearest October 15 to the Sat- 
urday before Thanksgiving in the counties 
and parts of counties having the open 
seasons for male deer specified by Part (C) 
of Subparagraph (b) (1) of this Rule, ex- 
cept in Yancey County. 

(D) Monday on or nearest September 10 
to the third Saturday before Thanksgiving 
in the counties and parts of counties hav- 
ing the open season for male deer specified 
by Part D of Subparagraph (b)(1) of this 
Rule, and on Sandhills Game Land. 

(2) Yancey County: 



NORTH CAROLINA REGISTER 



810 



PROPOSED RULES 



(A) Monday on or nearest September 10 to 
the fourth Saturdas thereafter for antlered 
deer only. 

(B) Monday on or nearest October 15 to 
the Saturday before Thanksgiving for deer 
of either sex. 

(3) Restrictions: 

(A) Dogs may not be used for hunting deer 
during the bow and arrow season. 

(B) It is unlawful to carry any type of 
firearm while hunting with a bow during 
the bow and arrow deer hunting season. 

(C) Only bows and arrows of the types au- 
thorized in 15 NCAC lOB .01 16 for taking 
deer may be used during the bow and ar- 
row deer hunting season. 

(d) Open Seasons (Muzzle- Loading Rifles and 
Shotguns'): 

(1) Authorization. Subject to the restrictions 
set out in Subparagraph (2) of this Para- 
graph, deer may be taken only with 
muzzle-loading firearms during the fol- 
lowing seasons: 

(A) Monday on or nearest October 8 to the 
following Saturday in the counties and 
parts of counties ha\'ing the open seasons 
for male deer specified by Items (A) and 
(C) of Subparagraph (b)(1) of this Rule, 
except on Sandhills Game Land. 

(B) Monday to Saturday of the week pre- 
ceding Thanksgiving week in the counties 
and parts of counties having the open 
seasons for male deer specified by Item 
(B) of Subparagraph (b)(rj of this Rule. 

(C) Monday to Saturday of the second 
week before Thanksgivmg week in the 
counties and parts of counties having the 
open season for male deer specified by 
Part D of Subparagraph (b)(r) of this 
Rule, and on Sandhills Game Land. 

(2) Restrictions: 

(A ) Only malo tk«= v44fe vi ' jiblj antl i? r - j f»ay 
^ takon duruij tl» mugglo loadmg 
tlroarmT. ooaoons. exc e pt fof efW antlijrloos 
4t»ef auihonz e d te b^? taken without *«^ 
;. titution ^ Subparagraph «-3-f ef Para 
graph (-e-^ ©f tte Rulo. Onlv male deer 
with visible antlers mav be taken dunng 
the muzzel-loading firearms seasons ex- 
cept that: 

( 1) On the last dav of the established 
muzzle-loadins firearms season a maxi- 



mum of two antlerless 
substituted for 



for an equal 



eer mav 
number 



be 
of 



antlered deer \vhen taken in that part 
of any county listed below that has an 
established eun either-sex deer season. 



Alexander 

Alleghany 

Ashe 

Burke 

CaldweU 

Catawba 

Cleveland 

Davie 



ForsMh 

Iredell 

Mecklenburg 

McDowell 

Rutherford 

Stokes 

Surr\ 

Wilkes 



(1) 
(2) 



(2) In those areas with an established gun 
either-sex deer season in counties or 
parts of counties listed m (.-\| or (D) of 
Subparagraph (b) (1) of this Rule a 
maximum of two antlerless deer mav 
be substituted for an equal number of 
antlered deer and one additional 
antlerless deer is permitted without 
substitution. 

(B) Dogs may not be used for hunting deer 
during the muzzle-loading firearms sea- 
sons. 

(C) Pistols may not be carried while hunt- 
ing deer during the muzzle-loading 
lirearms seasons. 

(e) Bag Limits: 

Male Deer With Visible .Antlers. Daily, 
two; possession, two; season, four. 

.Antlerless Deer. Where antlerless deer 
may be lawfully taken, a maximum of two 
antlerless deer may be substituted for an 
equal number of antlered deer m the limits 
contained in Subparagraph ( 1 ) of this 
Paragraph. Bf¥i ©ft© additional antlerloGO 
deef is poirnittod without oubotitution 
v i ht'n tak <» n during a ga» oithor sex, a bov i - 
aft4 arrow, e* mug.le loading firoaim sea- 
seft fof di?ef ift a county ef prtrt ©f a 
county included » both Parto fA-f ©f Ir&i 
^ Subparagraph (b)(1) aft4 Subparagraph 
(b)(2) ©f tfei* Pvulo. Antlerless deer in- 
clude males with knobs or buttons cov- 
ered by skin or vehet as distinguished 
from spikes protruding through the skin. 

In those areas with an established gun 
either-sex deer season in counties and 
parts of counties listed in (.A) or (D) of 
Subparagraph (b) (1) of this Rule, one 
additional antlerless deer is permitted 
without substitution v. hen taken during a 
gun either-sex. bow and arrow or muzzle- 



(3) 



loading tirearms season. 



(5-) N^ .Managed Game Land Hunts. Excluded 
from the possession and season limits set 
forth in Subparagraphs (1) and (2) of this 
Paragraph are deer of either sex taken by 
permittees engaged in managed hunts 
conducted on game lands in accordance 
with 15 NC.AC^IOD .0003(d)(4j and (5), 



Sll 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



such deer being in addition to the specific 
possession and season hmits set out in this 
Paragraph, 
(f) Kill Reports. The carcass of each deer shall 

be tagged and the kill reported as provided by 15 

NCAC lOB .0113. 

Statutory Authority G.S. 112-134: 113-270.3; 
1 13-276.1: 1 13-291.1; 113-291.2. 

.0209 WILD Tl RKEY (BEARDED TLRKEYS 
ONLY) 

(a) Open Season: Second Saturday in April to 
Saturday of the fourth week thereafter on 
bearded turkeys in the following counties: 
Alleghany, Ashe, Bertie, Buncombe, Burke, 
Caswell, Cherokee, Clav. Durham, Graham, 



Gran\ille, Hyde, Jackson, Macon, McDowell, 
■Mitchell, Onslow. Orange, Person. Rockingham, 

«"« «-i I * r tt -^J .-• f 1 T^ t t >-> . ^«-. 1 1 ..-• T-^ . -t .-. .-V , . .t .' --!■ ■ .--.-» r-i < n tji^ 

countioo &f iVl e xand e r, rVniion. Brunssvick, 
Davidoon. Davi e , Y'Owa tlh Hamott. I lortford. 
Hokii. Irodt'U, Perquimans, Polk, Randolph, 
Ro' . ' i an, Rutherford aft4 Scotland, and Surr\ and 
in the following portions of counties: 

Alamance: All of the county except that part 
south of I-S5 and west of NC X7. 

Anson: That part east of IS 52 and north of 
US 74, 

Bortio: That part north ©f -t-S- 4-5 aft4 east ef 

Ne 344^7 All of the count\ except that 

part bounded on the west by IS 701, on 

the east by 210, and on the south by NC 

53, SR 1730. and the Columbus County 

line. 
Brunswick: That part north of I'S 74-76. 
Caldwell: That part west of US 321. 
Carteret: 7hat part west of US 70 and north 

of NC 24. 
Chatham: That part north and west of US _L 
Chowan: That part south of US 17. 
Chorokoo: Ihat part south el S-R- 1505 aft4 

j^ 19 129 aft4fH»rthef 4-^64. 
Columbus: That part south of US "^4 and west 

of NC 4J0 and that part north of NC 87. 
Craven: That part west of US 70, BUS W aft4 

>iC i^ eas^ ef Now Bom. and south of 

SR 1100. 
Cumberland: That part north aft4 woot %i \^ 

Guilford: That 



formed bv 1- 



part north 
?5 and 1-40. 



of a boundary 



Halifax: That part north of NC 903 and east 

of 1-95. M»+rtfeef ^«aa^aft4¥^^^t•efive 
25g 



Ha>'wood: That part north south »f 4^ 3^ 

aft4 that- part south aH4 wert of 1-40. 
Henderson: That part west east of 1-26. 
Hoke: That part south and west of NC 211. 
Jackson: Ihat part south ef 4:^ 3^ aH4 east- 

ef i^G 4W aR4 ive a«4T 
Johnston: That part south of US 70 and east 

ef 1-95 and cast of US 701. 
Jones: That part south north aft4 west of a 

boundars' fonnod ^ SR 1 105 and NC 58 

to Mays\ille and east w^st of US 17. 

south ef -Maysvill e . 
tee^ That p«4 south ©f 4^ 434- aa4 east ef 

4;S4. 
Madison: All of the county except that part 

north of a boundary formed by NC 208, 

NC212andSR 1434. 
\IartLn: That part north of a boundary formed 

by US 64 from the Washington County 
to Williamston, north of NC 125 



line 
from 



Williamston to the junction with 
north of NC 142 to the 



NC ]42, and 

I-'dgecombe (^ountv line. 
Montgomery: That part south north of NC 

24-27. 
Mooro: That part south ef N€ S44- a«4 east 

»t"4rS4T 

Northampton: Ihat part south of a boundary 
formed bv US 158 from the Halifax 
County line 
Jackson to 



to Jackson, NC 305 from 



Rich Square, US 258 from 
Rich Square to NC 308, and NC 308 to 
the Bertie County line. 
Pender: 1 hat part \sest south of US 421 from 
the Sampson County line to NC 210 and 
south of NC 2J_0 and NC ]33 to the New 
Hano\'er County line. 



Perqu 



imans: 



That part south of US 17. 

That part east »f^ 4*S- 330 aft4 

c^^^^T ^^^^^t ^^T^^T ^^^^^^T ^^T 



Richmond: 

north of US 74. 

Robeson: That part east of 1-95 and south of 

US 74. 
Swain: All of the county except that part 

south of US _19 and west of NC 28. 
Transylvania: All of the county except that 

part west north of US 178, h4-; east ef X€ 

iU and south west of >iQ U^ US 64. 
Watauga: That part north south of US 421. 

Wilkes: That part north s©«th- of US 421. 
Yancey : All of the county except that part 

bounded on the west by NC 197, on the 

north bv L'S 



19E, and on the east bv NC 



SO. 



Not e : Xe^ open season » Gat e s County by 

1 j-i .-■ -1 1 I o 1 ^ r 



NORTH CAROLINA REGISTER 



812 



PROPOSED RULES 



(b) Bag Limits: Daily, one; possession, two; 
season, two. 

(c) Dogs Prohibited. It is unlawful to use dogs 
for hunting turke\s. 

(d) Kill Reports. The carcass of each wild 
turkey shall be tagged and the kill reported as 
provided by 15 NCAC lOB .0113. 

Statutory! Authority G.S. 113-134; 113-270.3; 
1 1 3-276.1; 113-291.2. 

.0210 RLFFED GROUSE (N.\TIVE PHEASANT) 

(a) Open Season: Monday on or nearest Oc- 
tober 30 through 44 t» ktet- day si February bl 

(b) Bag Limits: Daily, three; possession, six; 
season, 30. 

Statutory .-iuthority G.S. 113-134: 113-291.2. 

SUBCHAPTER IOC - INLAND FISHING 
REGUL.\TIONS 

SECTION .0200 - GENERAL REGUL.VTIONS 

.0205 PLBLIC MOUNTAIN TROUT WATERS 

(a) Designation of Public Mountain Trout 
Waters. On game lands located in western North 
Carolina certain waters are classified and desig- 
nated as public mountain trout waters. Those 
not further specifically classified as native trout 
waters are classified as ceneral trout waters. (See 
15 NCAC lOD .0004f Other streams, portions 
of streams, and bodies of water which are not 
located on game lands are designated within this 
Rule as pubhc mountain trout waters and are 
classified as general or native trout waters. These 
waters are posted and lists thereof are filed with 
the clerks of superior court of the counties in 
which they are located: 

(I) General Trout Waters. The general public 
mountain trout waters which are not lo- 
cated on game lands are designated in this 
Subparagraph under the counties where 
located. Indentation indicates the 

watercourse named is tributary to the next 
preceding watercourse named and not so 
indented. The designation applies to the 
entire watercourse or impoundment 
named except as otherwise indicated in 
parentheses following the name. Other 
clarifying information may also be in- 
cluded parenthetically: 
(D) Buncombe County: 

French Broad Ri\"er (not trout water) 
hy River (headwaters to LS 19-23 bridge) 
Mineral Creek 
Carter Creek 
Comer Rock Creek 



Sandymuoh Crouk 

Reems Creek (Woodfm Watershed dam 

to US 19-23 bridge, except where 

posted against trespass) 
Swannanoa River (SR 2702 bridge near 

Ridgecrest to t^ W bridgo at jVaoIoa, 

Sayles Bleachery in Asheville except 

where posted against trespass) 
Cane Creek (headwaters to SR 3138 

bridge) 
(I) Graham County: 

Little Tennessee River (not trout water) 
Calderwood Lake (Cheoah Dam to 

Tennessee State line) 
Chooah Rivor (Doop Crook te e xisting 

Caldonvood IjoIco ss'ator level) 
YeUow Creek 
West Buffalo Creek 
Huffman Creek 
SquaUa Creek 
South Creek 
Big Snowbird Creek 
Cheoah River (not trout water) 
Mountain Creek (headwaters to SR 1138 

bridge) 
Long Creek (headwaters to lower bridge 

on SR 1127) 
Tulula Creek (headwaters to lower bridge 

on SR I2I1) 
Franks Creek 
Cheoah Reservoir 
Stecoah Creek 
Sawyer Creek 
Panther Creek 
(N) Madison County: 

French Broad River (not trout water) 
Spring Creek (junction of NC 209 and 
NC 63 to lower US Forest Service 

boundary hne) 
Meadow Fork 
Roaring Fork 
Little Creek 
Big Laurel Creek (Mars Hill Watershed 

boundary to Rice's Mill Dam) 
Shelton Laurel Creek (headwaters to NC 

208 bridge) 
Big Creek (headwaters to lower game land 

boundary') 
Mill Creek 
Spillcom Creek 
Puncheon Fork (Hampton Creek to Big 

Laurel Creek) 
Sandymui . h Crook (Buncomb e County 

lift# te- Fronch Broad Ri' . er) 
(T) Surr)' County: 

\'adkm River (not trout water) 

Ararat Ri\er (Virginia State line to 

Johnson Creek) 



SIS 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Little Fisher River (Virgiiiia State line to 

NC 89 bridge) 
Cooper Creek 
Merritt Creek 
Pauls Creek (Virginia State line to SR 

1625) 
Mitcholl Ri¥eF (^4^ 44^ bf44g» at intef- 

^n.r^*'.n.n i-vf C P I T T 1 x^\ XJ^ irtrtr IV'lill r^nm 

eft SR 4433^ 
North Fork Mitcholl Riv e r (Christian 

Cr ee k) 
(Mitcholl R^iv e r t^ efi4 »f State Mointo 

(W) Watauga County: 

New River, North Fork (Ashe County) 

Hoskins Fork 

New River, South Fork (not trout water) 

Meat Camp Creek 

Norris Fork Creek 

Howards Creek (downstream from lower 
falls) 

Winkler Creek (not trout water) 

Flannor)' Fork 

Middle Fork (Lake Chetola Dam to New 
River) 

Yadkin River (not trout water) 

Stony Fork 

Elk Creek (headwaters to gravel pit on SR 
1508, except where posted against tres- 
pass) 

Watauga River (Avery County line to SR 
1114bndge) 

Beech Creek 

Buckeye Creek Reservoir 

Coffee Lake 

Laurel Creek 

Cove Creek (SR 1233 bridge at Zionville 
to SR 1233 bridge at Amantha) 

Dutch Creek 

Crab Orchard Creek 

Boone Fork (headwaters to SR 1562) 
(X) Wilkes County: 

Yadkin River (not trout water) 

Roaring River (not trout water) 

East Prong (headwaters to Brewer's Mill 
on SR 1943) 

Middle Prong (headwaters to second 
bridge on SR 1736) 

Mulberry Creek (not trout water) 

Harris Creek (end of SR 1736 to mouth) 

Reddies River (not trout water) 

North Fork (Vannoy Creek) (headwaters 
to Union School bridge on SR 1559) 

North Prong (Darnell Creek) (down- 
stream ford on SR 1569 to mouth) 

Middle Fork (Clear Prong) (headwaters 
to bridge on SR 1580) 

South Fork (headwaters to NC 16 bridge) 



Lewis Fork, South Prong (headwaters to 

Lewis Fork Baptist Church) 
Fall Creek (except portion posted against 

trespass) 
Stony Fork Creek (headwaters to Mt. 

Zion bridge near intersection of SR 

1155 and SR 1167) 
Wildcat Crook 
(2) Native Trout Waters. The native trout 
waters which are not located on game 
lands are designated in this Subparagraph 
under the counties where located: 
(I) Wilkes County: 

Big Sandy Creek (on Stone Mountain 

State Park) 
Garden Creek (on Stone Mountain Park) 
Harris Creek and tributaries (on Stone 



Mountain Park) 
Widow Creek (on Stone Mountain Park) 

Statutory Authority G.S. 113-134; 113-272; 
113-292. 

.0206 TROTLINES AND SET-HOOKS 

Trotlines, throwlines and set-hooks may be set 
in the inland waters of North Carolina, provided 
no Uve bait is used; except that no trotlines, 
throwHnes or set-hooks may be set in designated 
public mountain trout waters, or in any of the 
impounded waters on the Sandhills Game Land. 
For the purposes of this Regulation, a set-hook 
is defmed as any hook and line which is attached 
at one end only to a stationary or floating object 
and which is not under immediate control and 
attendance of the person using such device. Each 
trothne and throwline shall have attached the 
name and address of the user legibly and indeUbiy 
inscribed. Each trotUne and throwline shall be 
conspicuously marked at each end with a flag, 
float, or other prominent object so that its lo- 
cation is readily discernible by boat operators and 
swimmers. Trotlines and throwlines must be set 
parallel to the nearest shore in ponds, lakes, and 
reservoirs. All trotlines and throwlines must be 
fished at least once daily and all fish removed at 
that time. Untended trotlines and throwlines as 
evidenced by the absence of bait, may be re- 
moved from the water by wildlife enforcement 
officers when located in areas of multiple water 
use. 

Recognizing the safety hazards to swimmers, 
boaters and water skiers which are created by 
floating metal cans and glass jugs, it is unlawful 
to use metal cans or glass jugs as floats. This 
shall not be construed to prohibit the use of 
plastic jugs, cork, styrofoam, or similar materials 
as floats. 



NORTH CAROLINA REGISTER 



814 



PROPOSED RULES 



Statutory Authority G.S. IIj-134; 113-272; 
113-292. 

.0213 SNAGGING FISH 

It is unlawful to take fish from any inland fish- 
ing waters by snagging. As used in this Rule, 
"snagging" means pulling or jerking a device 
equipped with mor e than Bfi« hook one or more 
hooks through the water for the purpose of 
unpaling fish thereon. 

Statutory Authority G.S. 113-134; 113-292. 

SECTION .0300 - GAME FISH 

.0305 OPEN SEASONS: CREEL AND SIZE 
LIMITS 

(a) Generally. Subject to the exceptions listed 
in Paragraph (b) of this Rule, the open seasons 
and creel and size limits arc as indicated in the 
following table: 



GAME FISHES 



DAILY CREEL 
LIMITS 



Mountain Trout 7 

(."Ml Species) (excptn. 3) 



Muskellunge 


~i 




and Tiger .Musky 






Chain Pickerel 


None 




(Jack) 


(excptn. 


1) 


Walleye 


8 

(excptn. 
and 10) 


9 


Sauger 


8 




Black Bass: 






Largemouth 


8 






(excptn. 
and 10) 


8 


Smallmouth 


8 




and Spotted 


(excptn. 
and 10) 


8 


White Bass 


25 






(excptn. 


1) 


Sea Trout (Spot- 


None 




ted or Speckled) 







Kokanee Salmon 
Panlishes 



None 
(excptn. 5) 



NONGAME FISHES None 



MINI.MUM 
SIZE LIMITS 

None 
(excptn. 3) 



30 in. 

None 

None 

None 
(excptn. 9) 

iSin, 

14 in. 

(excptns. 4, 
8 and 11) 

12 m. 

(excptns. 4, 
8 and 11) 

None 

None 

16 in. 

(exc. 1 and 12) 

None 

None 

None 



OPEN SEASON 
(EXCPTN. 2) 

All year, except 
March 1 to 1/2 
hr. before 
sunrise on 
first Saturday 
in April 
(excptns. 2 and 3) 

ALL YEAR 

ALL YEAR 

ALL YEAR 

ALL YEAR 

ALL YEAR 
ALL YEAR 



ALL YEAR 

ALL YEAR 
ALL YEAR 
ALL YEAR 

ALL YEAR 

ALL YEAR 

(excptn. 5) 

ALL YEAR 

(excptn. 7) 



Striped Bass 8 aggregate 

and their hybrids (exc. 1 and 6) 

(Morone Hybrids) 



(b) Exceptions: 

(8) The maximum combined number of black 

bass of all species that may be retained is 

eight fish, no more than two of which 

may be smaller than the applicable mirii- 



815 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



mum size limit. The minimum size limit 
for all species of black bass is 12 inches in 
Currituck Sound and tributaries north of 
Wright Memorial Bridge; in North River 
and tributaries in Currituck and Camden 
Counties north of a line between Camden 
Point and the end of SR 1 124; and in and 
west of Madison, Buncombe, Henderson 
and PoLk Counties. In B. Everett Jordan 
Reservoir a daily creel limit of four fish 
and a minimum size limit of 16 inches, 
with no exception, apply to largemouth 
bass. In Falls of Neuse Reservoir, east 
of SR 1004, Sutton I.ake and Tuckertown 
Lake the daily creel limit for black bass is 
four fish, no black bass between the 
lengths of 12 inches and 16 inches may 
be retained, and the minimum size limit 
for black bass is 16 inches, except that the 
daily creel may contain tw'o black bass of 
less than 12 inches in length. In John H. 
Kerr Reservoir and I ake Gaston the daily 
creel of five fish shall apply to black bass, 
provided that this limit shall become ef- 
fective only when and if the State of 
Virginia imposes a like creel limit for 
black bass taken from those 
impoundments. 



Statutory Authority G.S. 
/ 13-292. 



1 13-134; 113-272; 



Statutory Authority G.S. 
113-304; 113-305. 



113-134: 113-292; 



SECTION .0400 - NONGAME FISH 

.0401 MANNER OF TAKING NONGAME 
FISHES: PLRCHASE AND SALE 

(a) Except as permitted by the rules in this 
Section, it is unlawful to take nongame fishes 
from the inland fishing waters of North Carolina 
in any manner other than with hook and line, rod 
and reel, trotline or set-hook. Nongame fishes 
may be taken by such hook and line methods at 
any time without restriction as to siz.e limits or 
creel limits, except that no trotlines or set-hooks 
may be used in the impounded waters located on 
the Sandhills Game Land or in designated pubhc 
mountain trout waters. The season for taking 
nongame fishes by other hook and line methods 
in designated public mountain trout waters shall 
be the same as the trout fishing season. 

(b) Nongame fishes taken by hook and line 
methods or by licensed special devices may be 
bought and sold. 

(c) Freshwater mussels shall not be taken ex- 
cept by holders of a North Carolina Scientific 
CoUectina License. 



.0402 TAKING BAIT FISHES AND FISH BAIT 

(a) It is unlawful to take bait fishes in the in- 
land waters of North Carolina using equipment 
other than: 

(1) a net of dip net design not greater than six 
feet across; 

(2) a seine of not greater than 12 feet in length 
and with a bar mesh measure of not more 
than one-fourth inch; 

(3) a cast net with a square mesh of not more 
than three-eighths inch; 

(4) minnow traps not exceeding 12 inches in 
diameter and 24 inches in length, with 
funnel openings not exceeding one inch in 
diameter, and which are under the imme- 
diate control and attendance of the indi- 
vidual operating them. 

(b) Game fishes and their young taken while 
netting for bait shall be immediately returned 
unharmed to the water. No person shall take 
more than 200 bait fish from inland fishing wa- 
ters during one day. It is unlawful to take bait 
fishes or fish bait from designated public moun- 
tain trout waters and: 

(1) Chatham County: 

Deep River Rocky River Bear Creek 

(2) Moore County: 
Deep River 

(3) Randolph County: 

Deep River below the Coleridge Dam 
Fork Creek. 



Statutory Authority G.S. 
113-272; 113-292. 



113-134; 113-135; 



.0407 PERMITTED SPECIAL DEVICES AND 
OPEN SEASONS 

Except in designated public mountain trout 
waters, and in impounded waters located on the 
Sandliills Game Land, there is a year-round open 
season for the licensed taking of nongame fishes 
by bow and arrow. Seasons and waters in which 
the use of other special devices is authorized are 
indicated by counties below: 

(7) Bertie: 

(a) July 1 to June 30 with traps in the Caohio 
Rivor aftd Broad Creek (tributary of 
Roanoke); 

(b) December 1 to June 5 with dip and bow 
nets in all inland public waters, excluding 
public lakes, ponds, and other impounded 
waters; and with gill nets in all inland 
public waters; 

(18) Chatham: 



NORTH CAROLINA REGISTER 



816 



PROPOSED RULES 



(a) December 1 to Apnl 15 with dip and gill 
nets in the Cape Fear River, Deep River, 
Haw River and Rocky River (local law); 

(b) July 1 to August 31 with seines in the 
Cape Fear River, Doop River, and Haw 
River; aft4 Rooky River: 

(c) July 1 to June 30 with traps in Deep River; 

and with gigs in all public waters; 
(61) Moore: 

(a) December 1 to April 15 with gill nets in 
Deep River and all tributaries; 

(b) July 1 to August 31 with seines in all 
running pubhc waters except in Deep 
River; 

(c) July 1 to June 30 with gigs in all public 
waters, except lakes located on the 
Sandhills Game Land; and with traps in 
Deep River and its tributaries; 

(67) Pamlico: 

(a) December 1 to June 5 with dip, bow and 
gill nets in all inland public waters; 

(b) Persons owning property adjacent to the 
inland fishing waters of DawSon Creek 
and Tarklin Creek iire permitted to set 
two crab pots to be attached to their 
property and not subject to special device 
license requirements. 

(74) Randolph: 

(a) December 1 to March I with giU nets in 
Deep River and U\\ harrie River, 

(b) July 1 to August 31 with seines in Deep 
River above the Coleridge Dam and 
Uwharrie River, 

(c) July 1 to June 30 with gigs in all public 
waters; 

Statutory! Authoritv G.S. 113-134: 113-276: 
113-292. 

SUBCHAPTER lOD - GAME LANDS 
REGLLATIONS 

.0002 GENERAL REGULATIONS REGARDING 
LSE 

(c) Possession of Hunting Devices. It is un- 
lawful to possess a firearm or bow and arrow on 
a game land at any time except during the open 
hunting seasons or hunting days for game birds 
or game animals thereon unless said device is 
cased or not immediately available for use, pro- 
vided that such devices may be possessed and 
used by persons participating in field trials on 
field trial areas and on target shooting areas des- 
ignated by the landowner, and possessed in des- 
ignated camping areas for defense of persons and 
property; and provided further that .22 caliber 
pistols with barrels not greater than seven and 
one-half inches in length and shooting only short. 



long, or long rifle ammunition may be carried as 
side arms on game lands at any time other than 
by hunters during the special bow and arrow and 
muzzle-loading firearms deer hunting seasons and 
by individuals training dogs during closed season 
without field trial authorization. This Rule shall 
not prevent possession or use of a bow and arrow 
as a licensed special fishing device in those waters 
where such use is authorized. During the closed 
firearms seasons on big game (deer, bear, boar, 
wild turkey), no person shall possess a shotgun 
shell containing larger than No. 4 shot or any ri- 
fl«* firearm larger than a .22 caliber rimfire while 
on a game land, except that shotgun shells con- 
taining No. 2 shot may be used on Croatan, 
Goose Creek and GuU Rock Game Lands. No 
person shall hunt with or have in possession any 
shotgun shell containing lead or toxic shot while 
hunting on any posted waterfowl impoundment 
on any game land, or while hunting waterfowl 
on Butner-Falls of Neuse Game Land or New 
Hope Game Land. 

Statutory Authority G.S. II3-I34; 113-264; 
1/3-270.3; 113-291.2; 113-291.5; 113-305; 
113-306. 

.0003 HUNTING ON GAME L.\NDS 

(d) Hunting Dates: 

(1) Doves may be taken on the following 
game lands and dove hunting is limited to 
Mondays, Wednesdays, Saturdays and to 
Thanksgiving, Christmas and New Years 
Days within the federally-announced sea- 
son: 

Buncombe County— Browntown Farms 
Game Land Guilford County--Guilford 
County Farm Game Land Lenoir 
County— Caswell Farm Game Land 
Wayne County— Cherry Farm Game 
Land 

(2) Any game may be taken during the open 
seasons on the following game lands and 
hunting is limited to Mondays, Wednes- 
days, Saturdays and Thanksgiving, 
Christmas and New Years Days. In ad- 
dition, deer may be taken with bow and 
arrow on the opening day of the bow and 
arrow season for deer. Raccoon and 
opossum hunting may continue until 7:00 
a.m. on Tuesdays, untU 7:00 a.m. on 
Thursdays, and until midnight on Satur- 
days. Additional restrictions apply as in- 
dicated in parentheses foUowing specific 
designations: 

Ashe County-Carson Woods Game Land 
Beaufort and Craven Counties— Big Pocosin 
Game Land (Dogs may not be trained or 



si: 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



used in hunting from March 2 to August 
31. Deer of either sex may be taken on 
the first Wednesday after Thanksgiving 
and on the second Saturday after 
Thanksgiving. NovombLT M^ stud eft 8»- 
oombor rk Trapping is controlled by the 
landowner.) 

Bertie County-- Bertie County Game Lands 

Bladen County— Bladen lakes State Forest 
Game Lands (Handguns may not be 
carried and, except for muzzle-loaders, ri- 
fles larger than .22 caliber rimfire may not 
be used or possessed. On the Breece 
Tract and the Singletary Tract deer and 
bear may be taken only by still hunting. 
Deer of either sex may be taken on the 
first Wednesday after Ihanksgiving and 
on the second Saturday after Thanksgiv- 
ing.) 

Cabarrus County--River View Acres Game 
Land 

CasweU County--Caswell Game Land 
(That part designated and posted as a 
"safety zone" is closed to all hunting and 
trapping, and entry upon such area for 
any purpose, except by authorized per- 
sonnel in the performance of their duties, 
is prohibited. On areas posted as "re- 
stricted zones" hunting is limited to bow 
and arrow.) 

Catawba and Ircdcll Counties— Catawba 
Game Land (No deer mav be taken from 
the tracts known as Island Point or 
Molly's Backbone.) 

Lenoir County--H.M. BLzzeU, Sr,, Game 
Land 

Onslow County-White Oak River 
Impoundment Game Land (In addition 
to the dates above indicated, waterfowl 
may be taken on the opening and closing 
days of the applicable waterfowl seasons.) 

Pender County--Holly Shelter Game Land 
(In addition to the dates above indicated, 
waterfowl may be taken on the opening 
and closing days of the applicable 
waterfowl seasons. Deer of either sex may 
be taken on the first Wednesday after 
Thanksgiving and on the second Saturday 
after Thanksgiving.) 

Richmond, Scotland and Moore Counties-- 
Sandhills Game Land (The regular gun 
season for deer consists of the open hunt- 
ing dates from the second Monday before 
Thanksgiving to the third Saturday after 
Thanksgiving except on the field trial 
grounds where the gun season is from the 
second Monday before Thanksgiving to 
the Saturday following Thanksgiving. 



Deer may be taken with bow and arrow 
on all open hunting dates during the bow 
and arrow season, as well as during the 
regular gun season. Deer may be taken 
with muzzle-loading firearms on Monday, 
Wednesday and Saturday of the second 
week before Thanksgiving week, and 
during the regular gun season. Except for 
the deer seasons above indicated and the 
managed either-sex permit hunts, the field 
trial grounds are closed to all hunting 
during the period October 22 to March 
31. In addition to the regular hunting 
days, waterfowl may be taken on the 
opening and closing days of the applicable 
waterfowl seasons.) 

Robeson County— Keith Farm Game Land 
(No deer may be taken.) 

Stokes County— Sauratown Plantation 
Game Land 

Yadkin County- -Huntsville Community 
Farms Game Land 
(3) Any game may be taken on the following 
game lands during the open season, except 
that: 

(D) Except on bear sanctuaries, dogs may 
be used for hunting small game on those 
gamelands which are closed to deer hunt- 
ing; 

f©^ [E| On Croatan, Goose Creek, New 
Hope and Shcaron Harris Game Lands 
waterfowl may be taken only on Mon- 
days, Wednesdays, Saturdays; on 
Thanksgiving, Christmas and New Years 
Days; and on the opening and closing 
days of the applicable waterfowl seasons; 
except that outside the posted waterfowl 
impoundments on Goose Creek Game 
Land hunting any waterfowl in season is 
permitted any week day during the last 1 
days of the regular duck season as estab- 
lished by the U.S. Fish and Wildlife Ser- 
vice; On the Pamhco Point, Campbell 
Creek, and Spring Creek impoundments 
a special permit is required for hunting on 
those opening and closing days of the 
waterfowl season as well as on those Sat- 
urdays that fall after November j_ of the 
season and on Thanksgiving, Christmas, 
and New Years day. 

f&) (F) On the posted waterfowl 
impoundments of GuU Rock Game Land 
hunting of any species of wildlife is hmited 
to Mondays, Wednesdays, Saturdays; 
Thanksgiving, Christmas, and New Years 
Days; and the opening and closing days 
of the applicable waterfowl seasons; 



NORTH CAROLINA REGISTER 



SIS 



PROPOSED RULES 



fi4 liil ^" ^^^ sanctuaries in and west of 
Madison, Buncombe, Henderson and 
Polk Counties dogs may not be trained 
or allowed to run unleashed between 
March 1 and October 11; 

{G} (HI On Butner- Falls of Neuse and Per- 
son Game Lands waterfowl may be taken 
only on Tuesdays, Thursdays and Satur- 
days, Christmas and New Year's Days, 
and on the opening and closing days of 
the applicable wateribwl seasons; 

fH^ fl) On Angola Bay, Croatan, Goose 
Creek, Hofmann Forest and Tuscarora 
Game Lands deer of either sex may be 
taken during from the period first Wed- 
nesday after Thanksgiving November ^ 
through the following Saturday; Decem 

(J) Horseback riding is prohibited on the 
Casell and Thurmond Chatham 
gamclands: and 

(4f (K) Additional restrictions or modifica- 
tions apply as indicated in parentheses 
following specific designations. 

Alexander and CaldweU Counties--Brushy 
Mountains Game Lands 

Anson County--Anson Game Land 

Ashe County-- Blutf Mountain Game Lands 

Ashe County— Cherokee Game Lands 

Ashe and Watauga Counties— Elk Knob 
Game Land 

Avery, Buncombe, Burke, CaldweU, 
Haywood, Henderson, Jackson, Madison, 
McDowell, Mitchell, Transylvania, 
Watauga and Yancey Counties--Pisgah 
Game Lands (Harmon Den and 
Sherwood Bear Sanctuaries in Haywood 
County are closed to hunting raccoon, 
opossum and wildcat. Training raccoon 
and opossum dogs is prohibited from 
March 1 to October 1 1 in that part of 
Madison County north of the French 
Broad River, south of US 25-70 and west 
ofSR 1319.) 

Beaufort, Bertie and Washington Counties- 
- Bachelor Bay Game Lands 

Beaufort and Pamlico Counties— Goose 
Creek Game Land 

Brunswick County--Green Swamp Game 
Land 

Burke County--South Mountains Game 
lands 

Burke, McDowell and Rutherford 
Counties— Dysartsville Game Lands 

Caldwell County--Yadkin Game Land 

Carteret County— Lukens Island Game Land 



Carteret, Craven and Jones Counties— 

Croatan Game Lands 
Chatham County-Chatham Game Land 
Chatham and Wake Counties— New Hope 

Game I^ands 
Chatham and Wake Counties— Shearon 

Harris Game Land 
Cherokee, Clay, Graham, Jackson, Macon, 

Swain and Transylvania Counties— 

Nantahala Game Lands (4t is unlawful te 

1 -1 If f^ A£ ni ml ^4aac c\n i-'irnr ^^'-■^' tV- T3.^-^«- 

SonotuoP i' . (Raccoon and opossum may 
be hunted only from sunset Friday until 
sunrise on Saturday and from sunset until 
12:00 midnight on Saturday on Fires 
Creek Bear Sanctuary in Clay County and 
in that part of Cherokee County north of 
US 64 and NC 294, east of Persimmon 
Creek and Hiwassee Lake, south of 
Hiwassee Lake and west of Nottely River; 
in the same part of Cherokee County dog 
training is prohibited from March 1 to 
October 11. It is unlawful to train dogs 
or allow dogs to run unleashed on Fires 
Creek Bear Sanctuary at any time, except 
that dogs may be used when hunting 
raccoon or opossum and for hunting 
grouse and rabbits during the open sea- 
sons. It is unlawful to train dogs or allow 
dogs to run unleased on any game land in 
Graham County between March 1 and 
October 11.) 
Chowan County— Chowan Game Land 
Cleveland County— Gardner-Webb Game 

Land 
Craven County- Neuse River Game l,and 
Craven County--Tuscarora Game Land 
Currituck County--North River Game Land 
Currituck County— Northwest River Marsh 

Game Land 
Dare County- -Dare Game Land (No hunt- 
ing on posted parts of bombing range.) 
Davidson, Davie and Rowan Counties- 
Alcoa Game Land 
Davidson County— Linwood Game L.and 
Davidson, Montgomery, Randolph and 

Stanly Counties— Uwharrie Game Land 
Duplin and Pender Counties--Angola Bay 

Game Land 
Durham, Granville and Wake Counties-- 
Butner- Falls of Neuse Game Land (On 
portions of the Butner-Falls of Neuse 
Game Land designated and posted as 
"safety zones" and on that part marked 
as the Penny Bend Rabbit Research Area 
no hunting is pennitted. On portions 
posted as "restricted zones" hunting is 
limited to bow and arrow during the bow 



S19 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



and arrow season and the regular gun 

season for deer.) 
Franklin County-- Franklin Game Lands 
Gates County--Chowan Swamp Game 

Land 
GranviUe County--Granville Game Lands 
Halifax County— Halifax Game Land 
Harnett County— Harnett Game Land 
Henderson, Polk and Rutherford Counties- 

- Green River Game Lands 
Hyde County--Gull Rock Game Land 
Hyde County— Pungo River Game Land 
Hyde and Tyrrell Counties- New Lake 

Game Land 
Jones and Onslow Counties— Hofmaim 

Forest Game I^and 
Lee County--Lee Game Land 
McDoweU County— Hickory Nut Mountain 

Game Land 
Moore County--Moore Game Land 
New Hanover County--Catfish Lake Game 

Land 
Northampton County— Northampton Game 

Land 
Orange County--Orange Game Land 
Person County--Person Game l,and 
Richmond County--Richmond Game Land 
Transylvania County--Toxaway Game Land 
Vance County— Vance Game Land 
Warren County--\Varren Game Lands 
Wilkes County--Thurmond Chatham Game 

Land 
(4) Deer of either sex may be taken on the 

hunt dates indicated by holders of permits 

to participate in managed hunts scheduled 

and conducted in accordance with this 

Subparagraph on the game lands or 

portions of game lands included in the 

following schedule: 
Wednesday and Thursday of the first week 

after Thanksgiving Week: 

Uwharrie and Alcoa southeast of NC 49 
Thursday aft4 Friday ©f A« &»*■ wook after 

Thanksgiving Wook: 

Bladon Lakoo Stat e Foroot 

He% Sholtor 
Third Saturday after Thanksgiving Day: 

Carson Woods 

Thurmond Chatham 
Thursday and Friday of the third week after 

Thanksgiving Week: 

Sandhills east of US 1 

SandhiUs west of US 1 
Fourth Saturday after Thanksgiving Day: 

Dysartsville in McDowell County 

Groon Rivor 

Hickorynut Mountain in McDowell 
County 



Pisgah in Avery County 

Pisgah in Burke County 

Pisgah in Caldwell County 

Pisgah in McDowell County 

Pisgah in Yancey County north of US 
19-19E 

South Mountains 

Thurmond Chatham 
Apphcation forms for permits to participate 
in managed deer hunts on game lands, to- 
gether with pertinent information and in- 
structions, may be obtained from hunting 
and fishing license agents and from the 
Wildlife Resources Commission. Com- 
pleted applications must be received by the 
Commission not later than the first day of 
October next preceding the dates of hunt. 
Permits are issued by random computer se- 
lection, are mailed to the permittees 30 days 
prior to the hunt, and are nontransferable. 
Each permit is accompanied by an appro- 
priate big game tag. A hunter making a kill 
must tag the deer and report the kill to a 
wildlife cooperator agent. 

Statutory Authority G.S. 113-134; 113-264; 
113-291.2; 1 13-291.5; 113-305. 

TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

lyotice is hereby given in accordance with G.S. 
I50B-I2 that the North Carolina State Board of 
Dental Examiners intends to amend rule(s) cited 
as 21 NCAC 16H .0104. 



Th 



he proposed effective date of this action is July 
I. 1989. 



Th 



he public hearing will be conducted at 10:00 
a.m. on January 13, 19S9 at Offices of the North 
Carolina State Board of Dental Examiners, 3716 
National Drive, Suite 221, Raleigh, North 
Carolina. 

y^omment Procedures: Any person interested in 
this rule may present oral comments relevant to 
the proposals at the public hearing or deliver 
written comments to the Board prior to February 
12, I9S9. Anyone wishing to address the Board 
at the public hearing .should notify the Board by 
noon on January 12, I9S9, that they wish to speak 
on the proposal. Oral presentations will be limited 
to 5 minutes per speaker. The Board's mailing 
address is: Post Office Box 32270, Raleigh, North 
Carolina 27622-2270. 



NORTH CAROLINA REGISTER 



S20 



PROPOSED RULES 



CIlAriFR 16 - DKM AL KXAMINKRS 

SI BCHAI'TKR 16H - DF.NTAL ASSISTANTS 

SECTION .0100 - CLASSIFICATION AND 
TRA'NING 

.0104 APPROVED EDUCATION AND 
TRAINING PROGRAMS 

Education and training programs approved by 
the North Carolina State Board of Dental Ex- 
aminers and experience requirements quaUfying 
Dental Assistants as Dental Assistant II ss^ in- 
clude: 

(1) satisfactory completion of one academic 
year or longer in a dental assistant or dental 
hygiene program approved by the Council 
©ft Dontal F-ducution Commission on 
Dental Accreditation of the .American 
Dental Association: 

(2) satisfactoPv" completion of A<* l"ni' .' Orfiity 
©f North Carolina correi i pondonc e couri ' O, a 
course of study appro \"ed bv the North 
Carolina State Board of Dental Examiners; 

(3) any dental assistant who has been employed 
as a chairside assistant fuU time bv a dentist 
licensed in North Carolina and recei\ed in- 
office training for three years pnor te Janu 
aF¥ +T 1973. is qualitied to take x-ra\s: and 
has completed at least nine hours of didactic 
training in a dental assisting course approved 
bv the board: 

(4) a currently certified dental assistant (certi- 
fied by the Dental Assisting National 
Board); 

(5) a person who has completed at least two 
years in an appro\'ed nurses' educational 
program and who has been employed as a 
chairside dental assistant for at least six 
months and is qualified to take x-ravs: or 

(6) a person who can establish to the board's 
satisfaction that he has received equivalent 
training and experience, m a branch e>i the 
United Statoo iVnned ForcoG. 

Statutory Authority G.S. 90-29(c)(9). 



•k-k'k'^-k-k-k'k'^i-k'^-k'k-k-k-k-k-k 



1\ otice is hereby gi\'en in accordance with G.S. 
I SOB- 1 2 that the North Carolina State Board of 
Dental Examiners intends to adopt nde(s) cited 
as 21 NCAC 16Q .0101, .0201 - .0202, .0301 - 
.0304, .0401. .0501. 



Th 



he proposed effecti\'e date of this action is Julv 
1, 19S9. 



1 he public hearing will be conducted at 10:00 
a.m. on January 13, 1989 at Offices of the Sorth 
Carolina Stale Board of Denial Examiners, 3716 
National Drive, Suite 221, Raleigh, North 
Carolina. 

O omment Procedures: Any person interested in 
this rule may present oral comments relevant to 
the proposals at the public hearing or deliver 
written comments to the Board prior to February 
12, 19S9. Anyone wishing to address the Board 
at the public hearing should notify the Board by 
noon on January 12, 1989, that they wish to speak 
on the proposal. Oral presentations will be limited 
to 5 minutes per speaker. The Board's mailing 
address is: Post Office Box 32270, Raleigh, North 
Carolina 27622-2270. This notice supercedes a 
pre\'ious notice concerning these same rules. 

These same rules were published in Volume 3, Is- 
sue 15 for a public hearing date of December 9, 
1988. 

CHAPTER 16 - DENTAL E.XA.\IINERS 

SLBCH.\PTER 16Q - GENERAL .VNESTHESIA 

SECTION .0100 - DEFINITIONS 

.0101 PURPOSE 

For the purposes of these rules relative to the 
administration of general anesthesia and sedation, 
by or under the direction of a licensed dentist, the 
following defmitions shall apply: 

(1) "General .Anesthesia" is the intended con- 
trolled state of depressed consciousness 
produced by a pharmacologic agent and ac- 
companied by a partial or complete loss of 
protective reflexes including the inability to 
maintain an airway and respond 
purposefully to physical stimulation or 
verbal command. 

(2) "Sedation" is the intravenous, intramuscu- 
lar, subcutaneous, submucosal, or rectal ad- 
ministration of pharmacological agents, with 
the intent to obtain a depressed level of 
consciousness that retains the patient's abil- 
ity to independently and continuously 
maintain an airway and respond appropri- 
ately to physical stimulation or verbal com- 
mand. 

(3) "Nitrous Oxide Inhalation Conscious Se- 
dation (Dental Analgesia)" is the adminis- 
tration by inhalation of a combination of 
nitrous o.xide and ox\gen produced with an 
intent to obtain an altered level of con- 
sciousness that retains the patient's ability to 



S2l 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



independently and continuously maintain an 
airway and respond appropriately to phys- 
ical stimulation or verbal command. 
(4) "Local Anesthesia" is the loss of sensation 
of pain in a specific area of the body gener- 
ally produced by a topically applied agent 
or an injected agent without intentionally 
affecting the level of consciousness. 

Statutory Authority G.S. 90-28. 

SECTION .0200 - TIMETABLE FOR 
REGULATIONS 

.0201 GENERAL ANESTHESIA 

Twenty-four months after the effective date of 
these rules and regulations, a dentist licensed in 
this state shall have the right to administer or di- 
rect the administration of general anesthesia in 
the practice of dentistry if that dentist has met the 
requirements for administration of general anes- 
thesia as specified by the State Board of Dental 
Examiners. 

Statutory Authority G.S. 90-28. 

.0202 SEDATION 

Twenty-four months after the effective date of 
these rules and regulations, a dentist licensed in 
this state shall have the right to administer or di- 
rect the administration of sedation in the practice 
of dentistry if that dentist has met the require- 
ments for administration of sedation as required 
by the State Board of Dental Examiners. 

Statutory Authority G.S. 90-28. 

SECTION .0300 - CREDENTIALS NECESSARY 

FOR ADMINISTRATION OF GENERAL 

ANESTHESIA AND SEDATION 

.0301 GENERAL ANESTHESIA CREDENTIALS 

Credentials may be satisfied by a Ucensed dentist 
to use general anesthesia on an outpatient basis 
for dental patients provided the dentist meets the 
following criteria as outlined below: 

(1) Required Criteria; 

(a) The dentist has completed a minimum of 
one year of advanced training or the 
equivalent in anesthesiology' and related 
academic subjects beyond the undergrad- 
uate dental school level in a training pro- 
gram approved by the board; or 

(b) Any individual who is a graduate of an 
ADA certified program in oral and maxil- 
lofacial surgery or as diplomate of the 
American Board of Oral and Maxillofacial 
Surgery, or is ehgible for examination by 
the American Board of Oral and Maxillo- 



facial Surgery, has by definition met the 
requirements to administer general anes- 
thesia. 

(c) Is a Fellow of the American Dental Soci- 
ety of Anesthesiology; or 

(d) Is a licensed dentist who has been utilizing 
general anesthesia in a competent maimer 
for the five years preceding the effective 
date of this Rule and who passes an on- 
site examination and inspection of office 
facilities by qualified representatives of the 
North Carolina State Board of Dental 
Examiners. 

(e) The dentist may have the preanesthetic 
evaluation and anesthetic administration 
done by a qualified anesthesiologist h- 
censed to practice in North Carolina. The 
anesthesiologist would monitor the pa- 
tient until discharge from the dental office. 
The anesthesiologist and the dentist 
would be responsible for insuring the 
standard of care for the dental office to the 
North Carolina State Board of Dental 
Examiners. 

(f) A dentist qualified to administer general 
anesthesia may have the anesthesia ad- 
ministered in collaboration with a certified 
nurse anesthetist. The dentist and the 
nurse anesthetist would be responsible for 
insuring standard of care for the dental 
office to the State Board of Dental Ex- 
aminers. 

(2) A dentist using general anesthesia shall 
maintain a properly equipped facihty for the 
administration of general anesthesia staffed 
with supervised auxihary personnel. The 
cljjnical personnel shall have the capacity to 
effectively manage the procedure, as well as 
any problems or emergency incidents that 
may occur as result of the general anesthetic 
or secondary to an unexpected medical 
complication. 

(3) A dentist and his auxihary personnel using 
general anesthesia shall be trained in and 
capable of administering basic Ufe support. 

(4) A dentist qualified to administer general 
anesthesia under this Rule may administer 
sedation under Rule .0302. 

Statutory Authority G.S. 90-28. 

.0.302 SEDATION CREDENTIALS 

Credentials may be satisfied by a licensed dentist 
to use sedation on an outpatient basis on dental 
patients provided the dentist meets the following 
criteria: 

(1) The dentist has received formal training and 
certification in a program approved by the 



NORTH CAROLINA REGISTER 



822 



PROPOSED RULES 



State Board of Dental lixamincrs whieh in- 
cluded physical evaluation, lA'. sedation, 
ainvay management, monitoring basic life 
support, and emergency training hours as 
well as the amount of didactic and patient 
contact hours mvolved in his or her training. 
The minimum number of didactic hours will 
be 60 hours. The minimum number of pa- 
tient contact hours wiU be 20 hours to in- 
clude a minimum of 10 patients. The 
formal training program shall be sponsored 
by or affiliated with a university, a teaching 
hospital, an organization, or be a part of the 
undergraduate curriculum of an accredited 
dental school. Any sponsoring organization 
not affiliated with a university or teaching 
hospital shall be appro\ed b\' the State 
Board of Dental Examiners. 

(2) The dentist may have the presedation eval- 
uation and the sedation administration done 
by a qualified anesthesiologist licensed to 
practice in North Carolina. The anesthe- 
siologist would monitor the patient until 
discharge from the dental office. The an- 
esthesiologist and the dentist would be re- 
sponsible for insuring the standard of care 
for the dental office to the North Carolina 
Board of Dental Examiners. 

(3) A dentist qualified to administer sedation 
may have the sedation administered in col- 
laboration with a certitied nurse anesthetist. 
The dentist and the anesthetist would be re- 
sponsible for insuring stand;ird of care for 
the dental office to the North Carolina 
Board of Dental Examiners. 

(4) A dentist administering sedation shall 
mamtam a properh equipped facility tor the 
administration of sedation staffed with su- 
pervised auxiliary' personnel. The clinical 
personnel shall be capable of reasonabh' 
handling procedure, problems, and emer- 
gencies incident thereto. 

(5) A dentist administermg sedation and his 
auxihary personnel shall be proficient m ba- 
sic life support. 

(6) A dentist who has been administering se- 
dation on an outpatient in a competent and 
etTicient manner for the three years preceding 
the effective date of these rules and regu- 
lations who has not had the benefit of for- 
mal education as outlined in these rules may 
continue use, provided the dentist fulfills the 
provisions set forth in Paragraphs (d) and (e) 
of this Rule. 

Statutoiy Authority G.S. 90-2S. 

.0303 MTROLS OXIDF. INH.Al .\TION 



CONSCIOLS SEDATION (DENT.\L 
.\NALGESIA) CREDENTIALS 

There will be no additional requirements or 
credentials necessary for a licensed dentist in 
North Carolina to administer nitrous oxide 
mhalation conscious sedation. 

Statutory Authority G.S. 90-2S. 

.0304 LOCAL .\NESTHESIA CREDENTIALS 

There will be no additional requirements or 
credentials necessary for a licensed dentist in 
North Carolina to administer local anesthesia. 

Statutory Authority G.S. 90-28. 

SECTION .0400 - METHOD OF 
CREDENTIALING 

.0401 REVIEW OF CREDENTL\LS 

No dentist shall use or assume responsibility for 
the use of general anesthesia or sedation in a 
dental office of denial patients unless the dentist 
has met the qualifications required by the North 
Carolina Board of Dental Examiners. Dentists 
so qualified shall be subject to review and their 
facUities subject to inspection by members or re- 
presentatives of the board as deemed appropriate 
by the board. Credentials must be reviewed bi- 
armually. Continuing education is encouraged: 

( 1 ) Within one \'ear of the effective date of 
these rules, each dentist who has been ad- 
ministering or responsible for the adminis- 
tration of general anesthesia shall submit 
credentials on the appropriate form to the 
North Carolina Board of Dental Examiners 
if that dentist desires to continue to admin- 
ister or be responsible for the administration 
of general anesthesia to dental patients on 
an outpatient basis. This foim must include 
a fee of one hundred thirty dollars ($130.00) 
as well as evidence indicating compliance 
with Section .0300 - General Anesthesia 
Credentials. Prior to the acceptance of cre- 
dentials, the board may, at its discretion, re- 
quire an on-site inspection of facilities, 
equipment, personnel, and procedures to 
determine if the requirements have been 
met. This e\aluation shall be carried out 
by the board or by a team of consultants 
appointed by the board. 

(2) Within one year of the effective date of 
these rules, each dentist who has been ad- 
ministered or responsible for the adminis- 
tration of sedation shall submit credentials 
on the appropriate form to the North Caro- 
lina Board of Dental Examiners if that den- 
tist desires to continue to administer or be 
responsible for the administration of se- 



82i 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



dation to dental patients on an outpatient 
basis. The form must be accompanied by a 
one hundred thirty dollars ($130.00) fee as 
well as evidence of compliance with Section 
.0400 - Sedation Credentials. Prior to the 
acceptance of credentials, the board may, at 
its discretion, require an on-site inspection 
of facilities, equipment, personnel, and pro- 
cedures to determine if the requirements 
have been met. This evaluation shall be 
carried out by the board or by a team of 
consultants appointed by the board. 

(3) Temporary approval may be granted for the 
new applicant based solely on credentials 
until all processing and investigation have 
been completed. Temporary approval shall 
not exceed 12 months. 

(4) Biannual approval of credentials will be 
considered following submission of the 
proper form and may involve board reeval- 
uation of credentials, facilities, equipment, 
personnel, and procedures of a previously 



qualified dentist to determine if the dentist 
is still qualified. A renewal fee of fifty dol- 
lars ($50.00) must accompany this form. 

Statutory Authority G.S. 90-28. 

SECTION .0500 - REPORTS REQUIRED 

.0501 REPORTS REQUIRED 

All licensed dentists engaged in the act or prac- 
tice of dentistry while administered general anes- 
thesia or sedation must submit a report within a 
30 day period to the North Carolina Board of 
Dental Examiners regarding any known mortality 
or serious unusual incident which occurs in a 
dental facility or during the 24 hour period after 
the patient leaves the facility, if the incident pro- 
duces temporary or permanent physical or men- 
tal injury of the patient as a direct result of the 
administration of general anesthesia or sedation. 

Statutory Authority G.S. 90-28. 



NORTH CAROLINA REGISTER 



824 



FINAL RULES 



LJ pon request from the adopting agency, the 
text of rules will be published in this section. 

W hen the text of any adopted rule is iden- 
tical to the text of that as proposed, adoption 
of the rule will be noted in the "List of Rules 
Affected" and the text of the adopted rule 
will not be republished. 

/i. dopted rules filed by the Departments of 
Corection, Revenue and Transportation are 
published in this section. These departments 
are not subject to the provisions ofG.S. I SOB, 
Article 2 requiring publication of proposed 
ndes. 



TITLE 17 - DP:PARTME\T OF REVENUE 

CHAPTER 6 - INDIMDIAL INCOME TAX 
DIVISION 

SL BCHAPTER 6B - INDIVIDLAL INCOME TAX 

SECTION .0300 - PERSONAL EXEMPTION 

.0320 MUSCLLAR DYSTROPHY 

An additional one thousand one hundred dol- 
lars ($1,100) exemption may be claimed for the 
taxpayer or the taxpayer's dependent who has 
muscular dystrophy. To qualify for the ex- 
emption, eligible individuals must submit with 
their income tax return a supporting statement 
from a physician or county health department. 
This exemption may be claimed for a qualified 
spouse who meets the requirements for a de- 
pendent even though a dependency exemption 
may not be claimed. 

History Note: Statutory Authority G.S. 
I05-J49(a); 105-262; 
Eff November I. 1 988; 
Amended Eff. December I, 1988. 

SUBCHAPTER 6C - WITHHOLDING 

SECTION .0100 - WITHHOLDING INCOME 
TAXES 

.0102 WITHHOLDING FROM WAGES 

Employers must withhold North Carolina in- 
come tax from the wages paid to their employees 
according to tables prepared by the North Caro- 
lina Department of Revenue or by using an ac- 
ceptable alternate method and they must pay 
over the amount withheld to the department. 
North Carolina does not employ a depositor>' 
svstem for income tax withheld. The amount 



withheld is deemed by law to be held in trust by 
the employer for the Secretary of Revenue. The 
tax withheld or required to be withheld is due to 
be paid at the same time that the withholding tax 
report is required to be filed. Whenever the De- 
partment of Revenue determines that collection 
of the tax is in jeopardy, an employer may be 
required to report and/or pay the tax at any time 
after payment of the wages from which the tax 
should be withheld. The manner in which this 
is required to be done is explained in the booklet, 
Income Tax Withholding Tables and In- 
structions for Employers, Eorm NC-30. 

A penalty of 25 percent of the amount due is 
imposed for failure to withhold the tax, to file the 
report on time, or to pay the tax when due. 
Criminal penalties are provided for willful failure 
to withhold the tax, to file a return, or to pay the 
tax when due. 

Any person required to collect, truthfully ac- 
count for, and pay over income tax required to 
be deducted and withheld, who fails to collect 
and pay over such amount to the Secretary of 
Revenue shall be personally liable for a penalty 
equal to the total amount not collected or not 
accounted for and paid to the Secretary of Re- 
venue. If an employer has failed to collect, or 
pay over income tax withheld or required to have 
been withheld, a 100 percent penalty may be as- 
serted against the responsible corporate officers, 
directors, employees, stockholders, or other such 
responsible person whenever such taxes cannot 
be immediately collected from the employer. 
More than one person may be liable as a person 
responsible for the payment of withholding ta.xes; 
however, the amount of the income tax withheld 
or required to have been withheld wlU be col- 
lected only once, whether from the employer or 
one or more responsible persons. The term "re- 
sponsible persons" includes any person who is in 
a position to control the finances of the employer 
or has the authority or ability to determine which 
obligations should or should not be paid. Re- 
sponsibility is a matter of status, duty and au- 
thority, not knowledge. For the penalty to 
apply, it is not necessary that the failure to collect 
and pay the withholding amounts was wOlful; it 
is only necessaiy that the responsible person 
failed to pay the tax withheld or required to have 
been withheld to the Secretary of Revenue re- 
gardless of his reasons or the knowledge he had 
of such failure. 

History Note: Statutory Authoritv G.S. 
105-163. 1; 105-163.1(4); 105-163.1(5); 
105-163.1(6); 105-163.2; 105-163.3; 
105-163.6; 105-163.18; 105-262; 
Eff February I. 1976; 
Amended Eff December 1, 1988; 



825 



NORTH CAROLINA REGISTER 



FINAL RULES 



April ;. /yc' . 

CHAPTER 7 - SALES AND USE TAX 

SUBCHAPTER 7B - STATE SALES AND USE 
TAX 

SECTION .4600 - MOTOR VEHICLES AND 
BOATS 

.4604 SPECIAL EQUIPMENT-ACCESSORIES: 
MOTOR VEHICLES 

(a) Retail sales of motor vehicles with special 
accessories such as pulling devices, hole digging 
devices, aerial working devices or other special 
accessories which are attached to and a part of 
such motor vehicles when they are delivered to 
purchasers are subject to the two percent rate of 
tax with a maximum tax of three hundred doUars 
($300.00) apphcable to each such vehicle. The 
term "motor vehicle," as used in this Rule, me- 
ans any vehicle which is self-propelled and de- 
signed primarily for use upon the highways and 
any vehicle designed to run upon the highways 
which is propelled by a self-propeUed vehicle, but 
shall not include any implement of husbandry, 
farm tractor, road construction or maintenance 
machinery or equipment, special mobUe equip- 
ment as defmed in G.S. 20-4.01 or any vehicle 
designed primarily for use in work off the high- 
way. 

(b) Persons selling such special equipment or 
accessories at retail which they mount upon a 
motor vehicle chassis or body belonging to others 
must collect and remit the three percent state and 
two percent county sales or use tax thereon. Any 
charges for labor or services rendered in installing 
or applying such items are not subject to tax 
provided such charges are segregated from the 
charge for the tangible personal property sold on 
the invoice given to the customer at the time of 
sale and in the vendor's records; otherwise the 
total amount is subject to tax. 

History Note: Statutory Authority G.S. 
105-164.4: 105-164.6; 105-262; .. 
Eff. February I, 1976; 
Amended Eff. December I, 198S. 

SUBCHAPTER 7C - LOCAL GOVERNMENT: 

MECKLENBURG COUNTY: SUPPLEMENTAL 

LOCAL GOVERNMENT AND ADDITIONAL 

SUPPLEMENTAL LOCAL GOVERNMENT 

SALES AND USE TAX ACTS 

SECTION .0100 - LOCAL GOVERNMENT 
SALES AND USE TAXES 

.0103 SALES TAX IMPOSED 

(a) Every retailer whose place of business is 
located in a county which has levied the Meck- 



lenburg County or the local government sales 
and use tax and the supplemental local govern- 
ment and the additional supplemental local gov- 
ernment sales and use tax is required to collect 
and remit to the North Carolina Secretary of 
Revenue the county sales tax at the rate of two 
percent on: 

(1) the sales price of those articles of tangible 
personal property now subject to the three 
percent sales tax imposed by the state un- 
der G.S. 105-164.4(1); but not on sales of 
electricity, piped natural gas or intrastate 
telephone service taxed under G.S. 
105-164.4(4a); 

(2) the gross receipts derived from the lease 
or rental of tangible jjersonal property 
where the lease or rental of such property 
is an established business now subject to 
the three percent sales tax imposed by the 
state under G.S. 105-164.4(2); 

(3) the gross receipts derived from the rental 
of any room or lodging furnished by any 
hotel, motel, inn, tourist camp or other 
similar accommodations now subject to 
the three percent sales tax imposed by the 
state under G.S. 105-164.4(3); 

(4) the gross receipts derived from services 
rendered by laundries, dry cleaners, clean- 
ing plants and similar type businesses now 
subject to the three percent sales tax im- 
posed by the state under G.S. 
105-164.4(4). 

(b) All retailers making sales from a place of 
business located within a taxing county must 
collect and remit the two percent local sales tax 
for the county in which the retailer's place of 
business is located. Effective March 1, 1988, for 
local sales tax purposes, the situs of a sale is the 
retailer's place of business located within a taxing 
county where the vendor becomes contractually 
obligated to make the sale. The term "place of 
business located within a taxing county" shall 
mean stores, warehouses, sales outlets, invento- 
ries, and other places within a taxing county 
where tangible personal property is maintained 
for sale, lease, or rental at retail, and it shall in- 
clude inventories of goods carried on foot or in 
vehicles for sale to customers in a taxing county. 
It shaU also include laundries, dry cleaning plants, 
or similar businesses and hotels, motels, or simi- 
lar facilities in a taxing county. Taxable tangible 
personal property sold and delivered from a bu- 
siness location in a taxing county to the buyer 
or his agent at a point within this State, if such 
agent is not a common carrier, is subject to the 
tax for the county in which the retailer's place of 
business is located notwithstanding that the pur- 
chaser may subsequently transport the property 
outside this state or the taxing county for use. 



NORTH CAROLINA REGISTER 



826 



FINAL RULES 



History Sole: Slalutory Aulhoritv G.S. 
105-262: 105-467: 
Eff. February !. J 976: 
Amended Eff. December I, J9SS: 
August I. I9SS: August I, I9S6. 

.0104 LSETAX IMPOSED 

(a) A local use tax is le\ied at the rate of two 
percent of the cost price of each item or article 
of tangible personal property which is used, con- 
sumed or stored for use or consumption in a 
taxing county and such use tax may be imposed 
only on those items of tangible personal property 
upon which the state now levies a three percent 
use tax under G.S. 105-164.6. Every retailer en- 
gaged in business in this state and m the taxing 
county and required to collect the use tax levied 
by G.S. 105-164.6 shall also collect the one per- 
cent local use tax and remit same to the North 
Carolina Secretar>' of Revenue when such prop- 
erty is to be used, consumed or stored in the 
taxing county. The use tax shall be levied against 
the purchaser and his liability for such tax shall 
be extinguished only upon his payment of the tax 
to the retailer, where the retailer has charged the 
tax, or to the Secretary of Revenue where the 
retailer has not charged the tax. Every person 
who purchases any taxable tangible personal 
property for storage, use or consumption in a 
taxing county from vendors located outside 
North Carolina or outside the purchaser's county 
on which the countN" tax was not required to be 
collected by the vendors must report and remit 
the applicable use tax to the Secretar,' of Re- 
venue. 

(b) WTiere a local sales or use tax has been paid 
with respect to such tangible personal property 
by the purchaser thereof, either in another taxing 
county within this State or in a taxing jurisdiction 
outside this State where the purpose of the tax is 
similar in purpose and intent to the local sales 
or use tax which is imposed within this State, 
said tax may be credited against the local use tax 
due. If the amount of local sales or use tax paid 
in another taxing county or jurisdiction is less 
than the amount of tax due the taxing county, 
the purchaser shall pay to the Secretary' of Re- 
venue an amount equal to the difference between 
the amounts so paid in the other ta.xing county 
or jurisdiction and the amount due in the taxing 
county. No credit shall be allowed for sales and 
use taxes paid in a ta.xing jurisdiction outside this 
State if that taxing jurisdiction does not allow a 
credit for local government sales taxes paid in this 
State. The local use tax will not be subject to 
credit for payment of any state sales or use tax 
not imposed for the benefit and use of counties 
and municipalities. 



History Note: Statutory Authority G.S. 
105-262: 105-468: 
Eff. Februarv /, 1976: 
Amended Eff December I, 1988; 
August 1, 1988: February 8, 1981. 

SECTION .0200 - MECKLENBURG COUNTY 
S.ALES AND USE TAXES 

.0201 COLLECTION AND ADMINISTRATION 

OF THE TAX 
.0202 SALES TAX IMPOSED 
.0203 USE TAX IMPOSED 

History Note: Statutory Authority G.S. 
105-262: Session Laws, Chapter 1096, 
Section 4 ( 1967 ): Session Laws, Chapter 
1096, Section 5 (1967): Session Laws, 
Chapter 1096. Section 6 (1967): 
Eff Februarv I. 1976: 
Amended Eff .August I, 1988: 
August 1, 1 986: February 8, 1981: 
Repealed Eff December 1, 1988. 

SECTION .0300 - APPLICATION OF LOCAL 
TAX TO SPECIFIC TR.\NSACTIONS 

.0301 LOCAL SALES TAX LEVY 
.0302 LOCAL USE TAX LEVY 

History Note: Statutory Authority G.S. 
105-262: 105-467: 105-468: Session Laws, 
Chapter 1096, Section 4 (1967): Session 
Laws. Chapter 1096, Section 5 (1967): 
Eff. Febman- I. 1976: 
Repealed EJf December 1, 1988. 

SECTION .0400 - SUPPLEMENTAL LOCAL 
GOVERNMENT S.\LES AND USE TAX ACT 

.0401 TAX IMPOSED 
.0402 SALES CONTRACTS 

Historv Note: Statutory Authority G.S. 
105-262: 105-483: 
Eff Januarv 3. 1984: 
Repealed Eff December 1. 1988. 

SECTION .0500 - ADDITIONAL 

SUPPLEMENTAL LOCAL GOVERNMENT 

SALES AND USE TAX ACT 

.0501 TAX IMPOSED 

.0502 DISTRIBUTION OF ADDITIONAL 

TAXES 
.0503 SALES CONTRACTS 

Histon- .\ote: Statutory Authority G.S. 
105-262: 105-498: 105-501: 
Eff Febnian- 1. 1987: 
Repealed Eff December 1, 1988. 



827 



NORTH CAROLINA REGISTER 



NC AC INDEX 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
IITLE DEPARTMENT 



1 

2 

3 

4 

5 

6 

7 

8 

9 
10 
11 
12 
13 
14A 
15 
16 
17 
18 
19A 
20 
*21 
22 
23 
24 
25 
26 



Administration, Department of 

Agriculture, Department of 

Auditor, Department of State 

Commerce, Department of 

Corrections, Department of 

Council of State 

Cultural Resources, Department of 

Elections, State Board of 

Governor, Office of the 

Human Resources, Department of 

Insurance, Department of 

Justice, Department of 

Labor, Department of 

Crime Control and Public Safety, Department of 

Natural Resources and Community Development, Department of 

Education, Department of 

Revenue, Department of 

Secretary of State, Department of 

Transportation, Department of 

Treasurer, Department of State 

Occupational Licensing Boards 

Administrative Procedures 

Community Colleges, Department of 

Housing Finance Agency 

State Personnel, Office of 

Administrative Hearings, Office of 



NOTE; Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSrSG BOARDS 



2 
4 
6 
8 

10 
12 
14 
16 
18 
20 
21 
22 
26 
28 
31 
32 
33 
34 
36 
37 
38 
40 
42 



Architecture, Board of 

Auctioneers, Commission for 

Barber Examiners, Board of 

Certified Public Accountant Examiners, Board of 

Chiropractic Examiners, Board of 

Contractors, Licensing Board for 

Cosmetic .'Vrt Examiners, Board of 

Dental Examiners, Board of 

Electrical Contractors, Board of Examiners of 

Foresters, Board of Registration for 

Geologists, Board of 

Hearing Aid Dealers and Fitters Board 

Landscape .Architects, Licensing Board of 

Landscape Contractors, Registration Board of 

Martial & Family Therapy Certification Board 

Medical Examiners, Board of 

Midwifery Joint Committee 

Mortuary Science Board of 

Nursing, Board of 

Nursing Home Administrators, Board of 

Occupational Therapists, Board of 

Opticians, Board of 

Optometry, Board of Examiners in 



NORTH CAROLINA REGISTER 



828 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy, Examining Committee of 

50 Plumbing and Heating Contractors, Board of 

52. Podiatry Examiners, Board of 

:>i Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Samtarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



82 9 NOR TH CA R OLINA REGIS TER 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1988 - March 1989) 



1988 - 1989 

Pages Issue 

1 - 25 1 - Apnl 

26 - 108 2 - April 

109 - 118 3 - May 

119 - 145 4 - May 

146 - 184 5 - June 

185 - 266 6 - June 

267 - 294 7 - July 

295 - 347 8 - July 

348 - 400 9 - August 

401 - 507 10 - August 

508 - 523 11 - September 

524 - 593 12 - September 

594 - 606 13 - October 

607 - 686 14 - October 

687 - 728 15 - November 

729 - 799 16 - November 

800 - 833 17 - December 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

E - Errata 

EO - Executive Order 

FDL - Final Decision Letters 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

ERA - List of Rules Affected 

M - MisceOaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMINISTRATION 

Administrative Analysis Division, 447 PR 

Au>dliary Services, 270 PR 

Departmental Rules, 270 PR 

Human Relations Council, 609 PR 

State Construction, 187 PR 

Youth Advocacy and Involvement Office, 148 PR 

ADMIMSTRATFV E HEARINGS 

General, 579 PR 



NORTH CAROLINA REGISTER 



830 



CUMULA TIVE INDEX 



Hearing. 'Jiv ion, 76 PR, 5M I'R 
Rules Division, 580 PR 

ADMIMSTRAirV E ORDER 

Administrative Order, 369 AO 

AGRICULTURE 

Food and Drug Protection Division, 271 PR 

N.C. Gasoline and Oil Inspection Board, 689 PR 

N.C. Pesticide Board, 524 PR 

N.C. State Fair, 451 PR 

Plant Industry, 453 PR 

Standards Division, 452 PR 

Structural Pest Control Committee, 296 PR 

COMMERCE 

Alcoholic Beverage Control Commission, 276 PR 

Departmental Rules, 612 PR 

Milk Commission, 120 PR, 190 PR 

N.C. State Ports Authority, 731 PR 

Seafood Industnal Park Authority, 613 PR 

COMMLAITY COLLEGES 

Community CoUeges, 287 PR, 557 PR 

CORRECTION 

Division of Pnsons, 490 FR 

CRIME CONTROL AND PUBLIC SAFETY 

Alcohol Law Enforcement, 47 PR 

CULTURAL RESOURCES 

Division of .Archives and Histor\', 691 PR 

ELECTIONS 

State Board of Elections. 120 PR 



XECUTrv E ORDERS 






Executive Orders 68 - 


71, 1 


EO 




72, 119 


EO 




73, 146 


EO 


74 - 


75, 508 


EO 


76 - 


77, 594 


EO 




78, 800 


EO 



FESAL DECISION LETTERS 

Voting Riahts Act, 5 FDL. 26 FDL, 185 FDL. 267 FDL, 295 FDL, 370 FDL, 
401 FDL, 511 FDL. 597 FDL, 608 FDL, 688 FDL, 729 FDL, 801 FDL 

GENERAL STATUTES 

Chapter 7A, 348 GS 
Chapter 1438, 350 GS 
Chapter 150B, 352 GS 

HUMAN RESOURCES 

Division of Aging, 229 PR 

Drug Commission, 113 FR 

Facilitv Ser\ices, 455 PR, 524 PR, 614 PR, 739 PR 

Health Services, 7 PR, 220 PR, 296 PR, 616 PR 



831 NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



Medica] jsii'ance, 7 PR, 3 Pi , 109 PR, 121 PR, 237 PR, 303 PR, 461 PR 

Mental Health: General, 457 PR, 530 PR, 770 PR 

Mental Health: Hospitals, 459 PR 

Mental Health: Mental Retardation and Substance Abuse Services, 629 PR 

Mental Flealth: Other Programs, 530 PR, 

Office of the Secretary, 31 PR 

,>c c;al Services Commission, 27 PR, 531 PR 

Vocational Rehabilitation Services, 371 PR 

rVDEPENDENT AGENCIES 

Housing Finance, 21 PR, 134 PR, 255 PR, 518 PR 

INSURANCE 

Agent Services Division, 238 PR, 636 PR 

Company Operations Division, 470 PR 

Consumer Services, 691 PR 

Engineering and Building Codes, 772 PR 

Fire and Casualty Division, 32 PR, 461 PR, 773 PR 

Fire and Rescue Services Division, 122 PR, 149 PR 

Life: Accident and Health Division, 534 PR 

JUSTICE 

Criminal Justice Education and Training Standards, 304 PR 
Private Protective Ser\'ices, 303 PR 

LABOR 

Boiler and Pressure Vessel, 598 PR 

Elevator and Amusement Device Division, 599 PR 

Notice, 607 C 

Office of Occupational Safety and Health, 598 PR 

LICENSrSG BOARDS 

Cosmetic Art Examiners, 283 PR, 473 PR 

CPA, 73 PR, 472 PR 

Dental Examiners, 704 PR, 820 PR 

Examiners of Electrical Contractors, 151 PR 

Hearing Aid Dealers, 77 FR 

Nursing, 376 PR, 477 PR, 704 PR 

Podiatry Examiners, 377 PR 

LIST OF RULES AFFECTED 

April 1, 1988, 102 ERA 
May 1, 1988, 137 LRA 
June 1, 1988, 260 LRA 
July 1, 1988, 335 LRA 
August 1, 1988,496 LRA 
September 1, 1988, 585 LRA 
October 1, 1988, 675 LRA 

NATURAL RESOURCES AND COMMUTVITY DEVELOPMENT 

Coastal Management, 11 PR, 67 PR, 254 PR, 281 PR, 703 PR 
Community Assistance, 69 PR, 555 PR 
Division of Economic Opportunity, 556 PR, 778 PR 

Environmental Management, 241 PR, 278 PR, 599 PR, 656 PR, 698 PR, 777 PR 
Forest Resources, 68 PR 
Marine Fisheries, 62 PR 
Soil and Water Conservation, 1 1 1 PR 

Wildlife Resources and Water Safety, 1 1 1 PR, 282 PR, 470 PR, 513 PR, 555 PR, 
599 PR, 656 PR, 777 PR, 805 PR 



NORTH CAROLINA REGISTER 832 



CUMULA TIVE INDEX 



NOTICK OF PE in ION 

Municipal Incorporation, S04 NP 

RE^E^UE 

Individual Income Tax, 710 FR, 825 FR 

License and Excise Tax, 113 I'R 

Motor Fuels Tax, 258 FR 

Sales and Use Taxes. 386 FR, 584 FR, 826 FR 

SECREl ARV OF STATE 

Securities Division, 125 PR, 656 PR 

STATE PERSONNEL 

State Personnel Commission, 135 PR, 333 PR, 559 PR, 781 PR 

STATE TREASURER 

Escheats and Abandoned Property, 328 PR 
local Government Commission. 18 PR 
Retirement Systems, 513 PR 

ST.\TEMENTS OE ORG.AMZATION 

Statements of Organization, 403 SO 

TR.WSPORTATION 

Division of Hiahwavs, 719 FR 

Division of Motor Vehicles, 172 FR, 258 FR, 720 FR 



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